NOT CHARITABLE BEQUEST

Taranaki Daily News, 12 July 1933, Page 7

NOT CHARITABLE BEQUEST

INTERPRETATION OF A WILL. UNUSUAL WELLINGTON CASE. By Telegraph—Press Association. Wellington, July 11. In disposing of his property the late Caius Brewer, Wellington, under his will directed his trustees, on the death of his widow, to expend the residue of the estate in gifts to be employed in the service of “my Lord and Master and/or in relieving at any time any pious person or persons in need whom the trustees may wish to assist.” The question was raised before Mr. Justice MacGregor in the Supreme Court whether this trust came under the description of a charitable trust, and today, in a reserved judgment, his Honour held that the gift was wholly void because of the uncertainty of the value of the residaury estate affected by the gift. It was stated at the hearing in legal argument that it would be between £7OOO and £BOOO. His Honour said that the established rule was that no gift was deemed charitable unless the testator in express terms or by necessary implication signified his clear intention to devote the property obligatorily to charitable purposes. In his opinion the testator had not expressed such clear intention in the will. His Honour also held that the persons entitled to the estate of the testator on the death of his widow were his next of kin as on intestacy.