AN IMPORTANT CASE.

Wanganui Chronicle, Volume L, Issue 12601, 5 September 1910, Page 8

AN IMPORTANT CASE.

THB VALIDITY OF A WILL

One of the most important cases ever -before tbe Supreme Court in New Zealand occupied the attention of his Honour Mr Justice Cooper at Paimer-;-.ston North on Saturday morning, when Mr J. P. Innes, on behalf of the executor in the will of the late Mrs Mary Cellars, of Palmerston North, brought an originating summons askiag for a -decision as to the validity or otherwise of a bequest made in tho will for the purpose of having masses said for the repose of the deceased person's soul. 'Deceased, who owned a grocery ttore Jin Main Street East, died on July 9 of this year. The amount involved was :» small one, but the question of law

most imDortant

Mr J. P." Innes appeared for the -pxecutor, Mr P. E. Baldwin for Archlu'shop Redwood, and Mr D. M. Findlay :for the Public Trustee. Mr Innes said that the portion of the will referred to was as follows: "■" As to the other half thereof, I 'decree

*hat my trustee shall expend the same 3n having masses offered for the repose «of my soul in the Parish of Paimntston "INorth each week until such portion of ■■my estate shall have been so expended. And I desire that my trustee sh;>l! have

-■such masses announced publicly from the altar, and that the prayers of the. -people of the Palmerston North Catholic Parish be asked for." Counsel said '"the main question was whether such a "bequest was valid or otherwise. Tf it -wore' invalid, it wotild not be disputed -.that the next of kin should take the ■^property. It was, pointed out that as far as tho Public Trustee was concern- - vA, the position taken up was strictly All that he desired to know -vras whether he would be safe in payring out the funds. His Honor said the case was one of -■great importance to .. many Catholic Tl»eople. ."' ~ ' It was here pointed ; out to his Honour by the acting-Registrar (Mr Hewlett) that the late Father^ CJ'Meara's , -Avill, filed a few days previously^ con"4ainnd'.a provision for the payment of . £60 for"-masses for the repose of his ■soul, to be said in three churches in Ireland. That, his Honor, said, showed "the necessity of looking very carefully -"into the matter. He therefore reserved. ;