MRS TOWNEND'S WILL,

Star (Christchurch), Issue 12284, 5 April 1918, Page 5

MRS TOWNEND'S WILL,

ISLE OF WAN BEQUESTS. Supreme Court Judgment, New Society to Benefit. His Honor Mr Justice Herdman this morning gave judgment in a dispute arising out of the will of the late (Ur.s Annie Qnaylo Towneml, who died in Christchurch some years ago. She bequeathed the sum of £'sooo to “(he trustees or committee or other persons having the control, direction ami management of the Society for the Prcvcn(ion of Cruelty to Animals in the Parish of .Malew, in the.lsle of Man.” When Mrs Towncnd died there was in the Isle of Jinn a Society for the Prevention of Cruelty to Animals, which exercised its functions over the whole island, including the parish of Malew. His Honor said that the question was; Mho in did the testatrix intend to benefit? If she intended to make the gift to an organisation that carried on its operations throughout every part of the Isle of Man. including the paiish of Malew. why did she direct her trustees to pay the amount of the gift to the “ trustees or committee or other persons having the control of a. society in the parish of Malew, in the Isle of Alan”? M’hy did she take special care to make a direct reference to the parish of Malew? If she intended the legacy to go to the Isle of Alan Society, it was unnecessary for her to make a pointed and specific reference to the parish of Malew. In any event it seemed to his ‘ Honor to lie certain that she intended that the legacy and all it produced should be expended in the prevention of cruelty to animals within the parish of Malew only. He cited the case of the National Society for the Prevention of Cruelty to Children v. the Scottish National Society for the Prevention of Cruelty to Children, heard in 1015, Rearing in mind the decision in that case, he said, it seemed difficult to conn; to any other conclusion than Y-hat Airs Towncnd Intended her gift for a society whose sphere of usefulness was confined to Afalcw. If. at the date of her death, there had been no Society for the Prevention of Cruelly to Animals exercising its functions throughout the whole of the Isle of Man would there have been any doubt about the claim of the society constituted since her death? He thought not. He therefore derided that the Society for the Prevention of Cruelty to Animals in the Parish of Afalcw was entitled to the legacy of £SOOO. As to costs, his Honor decided that costs of all parties to the originating summons as between solicitor and clientshould be taxed by the Registrar and be paid out of the residuary estate of Airs Towncnd. Air Cresson apnea red for the plaintiffs and for Air T. FI. Aloore; Afr Beswiok for the Guardians of the Poor of the Parish of Afalew; Air Alpers for the Board of Guardians for the Isle of Afan and for the Attorney-General of the Isle of Man; and Afr Raymond. K.G., for the Attorney-General of Now Zealand.