ECCENTRICITY IN A WILL

Taranaki Daily News, 14 December 1926, Page 11

ECCENTRICITY IN A WILL

COURT ORDERS VARIATION COSTLY MEMORIALS DESIRED. CONDITIONS FOR LEGATEES. By Telegraph.—Press Association. Auckland, Last Night. An application to vary the will of the late Caroline MacGregor eame before Mr. Justice Adams in the Supreme Court today. The testatrix left her personal estate to her husband, Robert MacGregor, a carrier, of Te Puke, and her real estate to be held in trust for the enjoyment of her husband during his life time, the trust tq operate only so long as he remained on the property. At his death, or when the trust eame to an end, the trustee was directed to convert the estate into cash and from the total realised the testatrix ordered that a sum of not less than £2OO was to be expended in the provision of a monument over her grave in the Te Puke cemetery and £5O was to be expended in the erection of a headstone over the grave of her mother in the Tauranga cemetery. The balance was to be handed to the Te Puke Town Board, to be used for the purpose of erecting in the town square a fountain which was to be inscribed in plain lettering of good, readable size, “Caroline MacGregor’s fountain.” The acceptance of the fountain was declined by the Te Puke Town Board, but the reasons for refusing the gift were not stated in court. It was intimated, however, that the Town Board might be interested in the estate if a sum could be set aside for some equivalent public amenity. A variation of the will was sought by the widower and a son of deceased. The former intends to return to Scotland at an early date, and under the will his interest in the estate would cease if he departed from Te Puke. It was mentioned that he had been responsible for the creation of the greater part of the estate. After hearing counsel His Honour accepted the disclaimer of the Town Board and also reduced the amounts to be spent on the monuments to deceased and her mother to £5O for the two. He then directed that a sum of £6OO should be set aside, the interest and part of the capital sum to be used in payment of an annuity of £1 a week to the widower for the remainder of his life. Subject to this provision, the remainder of the estate was handed to the son.