A DISPUTED LEGACY.

Sun (Christchurch), Volume V, Issue 1293, 5 April 1918, Page 5

A DISPUTED LEGACY.

MRS TOWNEND'S WILL. * His Honour Mr Justice Herdman delivered judgment in the Supreme Court this morning in the recent action between the trustees of the estate of the late Annie Quayle Townend, and the secretary and treasurer of the Isle of Man Society for the Prevention of Cruelty to Animals, and the trustees of the Society for the Prevention of Cruelty to Animals In the parish of Malew (Isle of Man). The claim was the result of a dispute over a clause in the will of the late Mrs Towneud, in which a bequest of £SOOO was made "to the persons having the control, direction and management of the Society for the Prevention of Cruelty to Animals in the parish of Malew in the Isle of Man." Mr M. J. Gresson appeared for the plain* tiffs, Mr O. T. J. Alpers for the defendants, In his Judgment his Honour said that at": —«*■ the time of the death of the testatrix there was in existence in the Isle of Man a Society for the Prevention of Cruelty to Animals, which exercised its functions throughout the whole island including the parish of Malew. There was another clause in the will, which provided that in the event of there being no committee of trustees or other persons having control at the time of the death of the testatrix, or appointed two years after her decease, Tested with authority to carry out the work for which the legacy was intended, it should lapse and form part of the residuary trust estate. Within two years of Mrs Townend's death a society had been constituted called the Society for the Prevention of Cruelty to Animals for the parish of Malew, and this institution is a candidate for the £SOOO referred to. The question was, who did the testatrix intend to benefit? If she had intended to make the gift to an or* ganisatlon which carried on its operation! throughout every part of the Isle of Mtn» why did she make special reference to the parish of Malew? It seemed to his Honour that she intended that the legacy should be expended in the prevention of cruelty to animals in the parish of MaleW only. The new society was In letter and substance a society following the precise words of the will. He therefore decided that the representatives of the parish of Malew society were entitled to the legacy. THE MATTER OF COSTS. In connection with this claim, and also in connection with an originating summons raising another question of the tion of Mrs Townend's will, concerning a legacy "to the persons having direction, con. trol or management of the association ret cognised as the chief association for relier* ing distress and affording help to the poof of the parish of Malew in the Isle of Man,! judgment was given as to how the costs of both actions should be borne. His Honour said that in respect to the legacy to ths poor of the parish of Malew, an arrange) ment had been come to between the Board of Guardians of the Poor in the town of Castletown and the Board of Guardians of the Poor of Malew, and a decree finally sett- ——' tling all matters In dispute had been sub* mitted to him for approval. His Honour ordered that the costs of all parties to the c two originating summonses as between solicitor and client be taxed by the regis* trar and paid out of the residuary estate.