A PECULIAR CASE.

Sun (Christchurch), Volume V, Issue 1309, 24 April 1918, Page 9

A PECULIAR CASE.

WILL COMPLICATIONS.

FARMING WITHOUT LAND,

Judgment was delivered by his Honour Mr Justice Herdman this morning in a matter brought, under the Family Protection Act, 1908, iu regard to the estate of George Tilson, late of Hinds, farmer, deceased.

J lis Honour commented that the circumstances of this case were peculiar. The late Mr Tilson died on August 4, 1916, leaving an estate the value of which w r as estimated at £10(58. His wife died intestate before him, on September l>, 1003, leaving an estate consisting of a lease-in-perpetuity, comprising 619 acres, at Hinds. Mrs Tilson's interest in this lease was valued at £3401. At the date of his death Mr Tilson was occupying this property.

ELEVEN CHILDREN. Mr Tilson left surviving him the following children: —George Robert, aged 32; Thomas, 29; Richard, 27; Charles James, 2.'!; Leslie Gordon, 20; William Francis, 14; Isabella Maggie, 26; Hilda May, 19; Sarah, 16; ami two married daughters, Mrs Elizabeth Fisher and Mrs Sidney Jane Merrill. Leslie Gordon Tilson was dead, having been killed in the present war. Apparently he left the whole of his estate, including his interest in his mother's estate and his share in his father's estate, to his brothers and sisters in equal shares. Mr Buchanan estimated that his estate would produce about £I3OO. The surviving children of -Mr Tilson and the legal representatives of Leslie Gordon Tilson were entitled to share equally in two-thirds of Mrs Tilsou's estate, which might yield upon division about £2OO to each ! neficiary. The 10 surviving brothers and sisters of Leslie Gordon Tilson might receive upon the final division of his estate about £I3Q each. Under the father 's will Richard gets £l5O in cash; Charles James gets £ljo in cash'; Isabella Maggie had already received £l2l 13/2, moneys which were payable to the late Mr Tilson in respect of his interest in the estate of his sister, who died in America; and his Honour was informed at the hearing that Hilda May was to receive £3OO from her brother Thomas. STOCK BUT NO LAND.

The live and dead stock belonging to the testator, valued at about £ISOO, had been bequeathed by the testator to his trustees, upon tru.it to carry on his farming operations until the youngest child should attain the age of 21 years. The trustees were directed to maintain a house for the testator's children until the youngest child attained the age of 21 years, and any surplus income was to be paid to his sons George, Robert, and Thomas in equal shares. Upon the youngest child attaining the age of 21 years, the trustees were to sell and convert the stock into money, and to divide the proceeds equally amongst all his sons in equal shares. His Honour pointed out that the testator left no farm property, so how the trustees were to continue farming operations with stock only and no land it was difficult to understand. The residue of the estate, valued at about £2200, was given to Loslie Gordon Tilson (who was dead) and to William Francis, the youngest son, in equal shares. HIS HONOUR'S DECISION. His Honour proceeded to review the circumstances in which Mr Tilson's children were placed. The four eldest sons were .in comfortable circumstances. Isabella Maggie Tilson was adequately provided for. His Honour also thought that Hilda May Tilson would be provided with sufficient means of maintenance. William Francis Tilson, aged 14, had been liberally dealt with in his father's will, and only his needs during his minority need be considered. In order that he might be properly provided for during that period, his Honour ordered that the trustees were to be -at liberty to apply the sum of 30/- a week towards his maintenance and advancement in life during his minority. If the income earned by his share under the will were insufficient to provide this sum, the trustees were to be at liberty to charge the whole or part of the weekly payment against the capital which would ultimately be his. With regard to the youngest daughter, Sarah, his Honour ordered that until she attained the age of 21 years the trustees were to apply 20/- per week towards her maintenance and advancement in life, this to be a charge against the whole of the father's estate, excepting the sums of £l5O bequeathed to Richasd and Charles Jones and the sum of £l2l 13/2 given to Isabella. Upon this daughter attaining the age of 21 years, tl-j order in her favour might be reviewed. In respect to the two married daughters, his Honour pointed out thai their husbands were alive and were bound to see that they and their children were properly provided for. His Honour directed the trustees to pay to Mrs Fisher an annuity of £3O per" annum for eight years, and made a similar order in favour of Mrs Merrin. The costs of all the parties to be taxed by the Registrar and paid out of the estate of George Tilson, deceased. At the hearing, Mr F. K. Hunt appeared for the plaintiffs (Mrs Fisher and Mrs Merrin), Mr H. D. Acland for defendants (G. R. Tilson and Thomas Tilson), Mr G. H. Buchanan for the trustees, and Mr O. T. J. Alpers for thel Public Trustee.