SUPREME COURT.

Star (Christchurch), Issue 17181, 26 October 1923, Page 1

SUPREME COURT.

INTERPRETATION OF WILL. An interpretation of the will of the late Robert Haswell Wood was made by his Honor Mr Justice Sim to-day. Bis Honor was asked to determine whether residuary gifts to the testators eight sons and daughters vested on the death of testator, subject to payment of an annuity of £3OO to the widow, or whether the gifts vested only at the widow's death. Robert Hamilton Miles, of Martou. was plaintiff, and defendants were Norman Lindsay M’Beth. Christchurch, and others. His Honor said that the shares ought to be treated as having vested on the testator’s death. His Honor also decided that the beneficiaries were entitled to the surplus income after payment of the annuity, notwithstanding the fact that the shares of the testator’s sons a.nrl daughters -were liable to be divested. His Honor ordered that the costs of all parties should be paid out of the surplus income and fixed them as folows:—Paintiff’s costs, £36 15s and disbursements ; executors of Mrs N. L. Macbeth, £lO 30s arid disbursements; widow r of the testator. £5 5s and disbursements ; executors, £2l and disbursements. Mr H. F. Johnston (Wellington) appeared for plaintiff: Mr K. Neave for the executors of the testator; Mr W. R. Lasoelles for the testator’s widow ; and Mr O. T. ,T. Alpers for the executors of the will of Mrs F. L Macbeth.