C. H. OPIE’S WILL IS DISPUTED.

Star (Christchurch), Issue 17699, 20 November 1925, Page 8

C. H. OPIE’S WILL IS DISPUTED.

“ FOR THE GIRLS ” ENTRY AND INCOME SAVINGS. A friendly action, arising out of the will of the late Mr C. 11. A. T. Opie, a well-known educationist, who died on July 22. 1925, leaving an estate valued at £13,128, was heard in the Supreme Court to-day by Mr Justice Adams. Mr Opie became entitled* by a settlement, from the estate of his first wife, Louisa Taylor Opie, to the. income, during his life, from a sum of £550. The income accumulated to the extent of £325. This was the sum in dispute. The Court was asked to make a declaration whether the accumulations were to be held in trust as part of the. settlement on Mr Opie by his first wife, or were to be held for Mr Opie’s daughters, or were to form part of his general estate.’ Plain tills (represented by Mr Sim) were Louie Winifred Joughin. of Christchurch, widow, and Charles Opie, of Wanganui, farm manager, trustees under Mr Opic's will. Defendants were Agnes Rita Truscott, Christchurch. teacher (Mr Gee) and Otira Opie (Mr Livingstone). In the statement of claim, it was alleged that Mr Opie made an oral declaration that the accumulations were to be held in trust for the. benefit of his daughters and .that he made an entry in his trust ledger that they were “ for the girls." The defence was a denial of those allegations. It was contended that if Mr Opie made the alleged declaration, it did not constitute an effectual trust in favour of his daughters, as he retained an absolute and unfettered control over the accumulations; also that any declaration was so vague and indefinite as not to constitute a valid declaration of trust. Mr Sim said that Mr Opie drew up his own will. lie was very much his own man of business, and kept his deeds- in a safe in his house at New Brighton. It was with only the greatest difficulty that his estate was straightened out. His will contained specific gifts to his sons and a residuary estate to his four daughters, two of whom were missionaries in India, to one son, Otira Opie, and to the childrey of another son. Ronald, who was dead. The question • was whether the £325, represented by a lrvortgage, was part of tithe residuary estate, or whether there had been a declaration by Mr Opie in favour of his daughters. Thomas Leslie Flaus, St Andrews Square, builder, called by Mr Sim, said that he was Mr Opic’s brother-in-law, and was one of the trustees under the settlement by which Mr Opie became entitled to the Income from the £550. Mr Opie said that the accumulations were to be paid to the girls on his death. His Honor said that he accepted Mr Flaus's evidence. It would, be dangerous, after Mr Opie’s death, to attribute to him the creation of 'a trust binding on him or on his estate. x\ declaration would be made that moneys secured by the mortgage for £325 formed part of Mr Opic’s estate. Costs of the action would be paid out of the estate; £25 costs were allowed to the trustees and fifteen guineas to > each of the other parties.