ECCENTRIC WILL.

Timaru Herald, Volume CXXIII, Issue 17693, 6 July 1927, Page 2

ECCENTRIC WILL.

LARGE ACCUMULATION. Bj Telegraph—Press Association. CHRISTCHURCH, July 5. Thomas Mollet, who died m Christchurch in 1906, left a will which has had the effect of tying up a large portion of his estate ever since, leading to accumulation of interest of £*-5,000. He bequeathed equal shares of income to his widow, a daughter, and a son, but he directed that his son, Thomas Alley Mollet, now of London, should not, receive his share during the lifetime of his son’s wife. The will directed that during her lifetime the son should receive, cnly £l5O yearly. The testator’s widow and daughter have died, and since then the children of the daughter, Mrs Lucretia d’Auvergne, of Makikihi, have enjoyed the income of half the estate. The son’s wife still lives, and the accumulation continues. The testator’s design that the restriction shcjild operate throughout the lifetime of the wife of Thomas Alley Mollet was upset by the Supreme' Court last December, when Mr Justice MacGregor held that under the Thcllusson Act, passe? in England to terminate a trust under an eccentric will, testator’s direction affecting his son’s share cciuld not operate after the expiration of 21 years from the date of testator’s death. The question before the Court to-day was as to the disposal of the income from the accumulated surplus, as to whether it should revert to the residuary estate, or whether there was in fact intestacy in respect to this 'income. Dccjsion was reserved.