A WIDOW’S INTEREST.

Star (Christchurch), Issue 17182, 27 October 1923, Page 2

A WIDOW’S INTEREST.

INTERPRETATION OF HUSBAND’S WILL.

His Honor Mr Justice Sim. in Banco, in the Supreme Court to-day. was asked to interpret the will of Robert Gibson, West Melton, farmer, who died in 1899, leaviug a farm of 200 acres, valued at about £3650, including st-cck and other assets. His wife, Mrs Margaret Gibson, died in 1923. There were originally "eleven children. Two died before Mr Gibson ; of the remaining nine, two died before Mrs Gibson. The case was brought by tho family to determine Mrs Gibson’s interest under the will. George Joseph Cullen, 27. Division Street, Riccarton, joiner, r.s trustee of the wills of Robert Gibson and Mrs Margaret Gibson, was plaintiff, and the following were defendants :—"William Gibson. West Melton, farmer; Robert Gibson, West Melton. farmer; Mary M’Lean Gibson. Wefet Melton, spinster: Margaret Elizabeth Smart, wife of George Smart. Stratford, plumber; Janet Charlotte Whyte, wife of William Whyte, of Hawkins, farmer, Annie Jane Cullen, wife of George Joseph C-nllen ; and Florence May Gibson. Christchurch. His Honor was asked to determine the following questions ; (1) Did Margaret Gibson take a life interest only in her liusband’6 estate, or an absolute interest? (2) If she took a life interest only, was there an intestacy of the estate subject to the estate during her widowhood, or was there a valid gift over the estate, conferring a vested interest in the estate of the children living at the time of the testators death? Mr W. R. La scelles appeared for plaintiff, Mr H. D. Andrews for William and Robert Gibson, and Mr W. J. Hunter for Mrs Whyte as representing all defendants except William and Robert. Mr Hunter argued that as the period of distribution of the estate under the will was the re-mnmage of the widow, not Iter death, and as she did not remarry, there was intestacy. Failing that, she had an absolute interest in the estate, aud her will came into force. His Honor reserved his decision.