A WILL-CASE.

Colonist, Volume LII, Issue 12750, 23 March 1910, Page 4

A WILL- CASE.

•JUDGMENT BY THB CHIEF JUSTICE. [United Pbmi Association.] Wellington, March 22. The Chief Justice (Sir Robert Stout) delivered, judgment in, the case of "Altred John Litchfield and others versus Charles Manby Walker and others, an originating summons. The case con-, cerned the construction of the will of Thomas Carter, sheep farmer, of Marlborough, who died on the 27th March, 1900, leaving real and personal estate valued at over £149,000. His will provided that after making provision for his wife and adopted daughter, the remainder of the income was to be divided amongst certain grandchildren ; those born in testator's lifetime ancl still alive, and those grandchildren bom since the death of the testator. The question for the decision of the court was whether.the representatives of the grandchildren who have died wore entitled to a share in the income, and whether the grandchildren born since the testator's death also were entitled to a share in the income. Re- | garding the grandchildren born, after the death of the testator His Honour said that the decision in- the case of Crossland versus Halliday seemed conclusive on the points raised in this case.- There it was held that a gift of inoome to 'children of a sister was confined to-the 1 children born at the date of the testator's death. "I am -therefore of the opinion," said His Honour, "that these three grandchildren cannot take shares as they were not grandchildren art the date of testator, s death. The construction of the will lent no assistance to a contrary interpretation." The other point raised was whether the representatives of the grandcliildren who were alive at testator's death, Jrat have died subsequently, could claim the shares that would have gone to the deceased if they had lived. His Honour considered that they were so entitled.' The costs are to be allowed the parties but of the income, and are to be fixed by, ih« ßegis- r-ti-ar. . Mr A. W. Blair appeared for the trustees (Litchfield and others), and Mr R. icMum (Blenheim) appointed by thfroourt for the representatives of the. grandchildren born in testator's lifetime and still alive. Mr J. L. Stout representing the Public Trustee appeared for the representatives of the granchildron born in testator's lifetime' and since dead. Mr T. F. Martin appeared for the representatives of those grandcliildren born since the death of .the testator. :