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Taranaki Daily News, 24 December 1923, Page 9

“It is rather a nice question,” remarked Hie Honour Mr. Justice Reed at the Auckland Supreme Court on Friday, when he was asked to interpret a phrase in the will of the late John Gates Hyland, otherwise John Hyland, farmer, Tuakau. The plaintiffs were the executors under the will, David Thornton Hyland. farmer, Tuakau, and Allan Rov McCrae. civil servant, Otahahu (Mr Black) and the defendant was the guardian of Betty Bernecia Hewitt Hyland, the six-year-old granddaughter of the testator, and also his adopted daughter, who was represented by Mr. Towle. The other beneficiaries had intimated they did not desire to be represented as parties, as they were prepared to accept the finding of the Court, the action being friendly. It was explained that the will disposed of the testators' estate (valued at about £11.000) in various legacies, and that the residue was gifted to Betty in these words, “the sum of £2OOO, more or less.” An annuity of £3 per week was bequeathed to the widow, and Mr. Towle said the question was whether the residue which was to go to Betty .included the moneys set Aside to provide the widow’-s annuity for life. On the other hand, there was the point whether the widow would be entitled to claim the cash value of the annuity, a sum from the corpus of the estate, to produce £3 a week, not for life, but for ever. He thought it was conceded that the widow was not entitled to claim more than £3 a. week for life, and that the sum set aside to meet, the payment was covered by the bequest to the child Betty. The total amount involved is some £4OO (reports the Star). His Honour said he would consider the matter, and judgment was ■