ALEXANDER AND ANOTHER v ALEXANDER AND OTHERS.

Wanganui Chronicle, Volume L, Issue 12145, 3 September 1908, Page 8

ALEXANDER AND ANOTHER v ALEXANDER AND OTHERS.

AN IMPORTANT WILL CASE

An important and interesting point was raised.by an originating summons in the matter of trie will of James Alexander, late of Wanganni. gentleman, denoted, ami in the matter of the will of "William Alexander, late nf Wanganm, ironmonger, deceased. The plaintiffs were Elizabeth Alexander, of WanSanui, spinster, and another, trustees under the will of James Alexander and the defendants were Alexander Alexander, of New Plymouth,, farmer, Elizabeth Alexander, of "Wanganiii. and all the nephews and nieces and the issue of the deceased newhews and nieces of the above James Alexander. Mr Hntton appeared for the plaintiffs,, Mr Barnicoat. for Elizabeth Alexander, Mr Wray, for Alexander Alexander, Mr Hutchison for Thomas Low, representing the nephews and nieces in

the Dominion, and Mr Gordon for the, Public Trustee, representing the nephews and nieces outside the Dominion. The question raised by tho action was whether the bequest by the will of William Alexander, of Wanganui, deceased, dated 19th February, 1896, of all the real and personal property of which he should die possessed wheresoever situate to the said Alexander Alexander is an exorcise by. the said William Alexander of the power of appointment conferred on him by the will of the" said James Alexander of tho interest in remainder after the determination of the life interests of the said Mary Alexander and the said William Alexander in and to the one-fourth of the residuary estate of the said William Alexander and for such order as may in the circumstances seem just.

Under the- will of J. Alexander the son William Alexander had a power of appointment over a one-fourth share of the residuary estate of his father after tbo determination of the life interest in same of Mary Alexander and William Alexander. Mary Alexander's life interest has ceased, as has also that of William Alexander, who by his will bequeathed inter alia the residue of all his real and personal property whatsoever to Alex. Alexander. The question is whether the bequest to' Alex". Alexander by William Alexander includes the one-fourth share of the estate of James Alexander, and whether the willof William Alexander is a valid exercise of the power of appointment conferred on William Alexander, i.e., whether Alexander Alexander is entitled to a onefourth share of the residuary estate of James Alexander, deceased. On default of appointment by William Alexander/ Elizabeth Alexander is entitled to a life interest, and all the nephews and nieces of James Alexander are presumptively entitled. The son" William Alexander died without issue and tho daughter Elizabeth Alexander is unmarried.

The amount involved is considerable, tbo one-fourth ' share of the residuary estate of the late James Alexander^ being estimated to be worth about £15000 —and the question as to the construction of the' will cf William Alexander is' an important one. . Mr Hutton for the plaintiffs outlined tho facts and put the position before tho Court.

His Honour then heard legal argument at length by Messrs Hutton, "Wray, and Barnicoat, and the Court adjourned at 5.50 p.m. until 7.45 p.m. On resuming at 7:45 p:m.,' Mr Barnicoat concluded and was followed by .Messrs Hutchison and Gordon, for the1 various nephews and nieces, and Mr Hutton replied. The legal argument occupied considerable time. His Honour said that the matter was a most important one as a considerable sum of money was at stake, and he should have the fullest information obtainable as the matter might have to go to the Court of Appeal, and even further than that. He would ask counsel engaged to let him have any material information in any way connected with the matter. Under tho circumstances ought not the matter to bo referred now to the Court of Appeal and counsel might, consider this course. He would .have to take time to consider the question and would reserve judgment. TII9 Court adiQurned at 9.15 p.m. until 10 a.m. on Thursday.