TERMS OF A WILL

Wanganui Chronicle, Volume 76, Issue 163, 13 July 1933, Page 6

TERMS OF A WILL

TESTATOR'S REQUEST GIFT HELD TO BE VOID [ Per Press Association. | WELLINGTON", July 12. In disposing of his property tho late Mr. Caius Brewer, of Wellington, under his will directed the trustees on the death of hi.s widow to expend the residue of the estate in gifts to be employed in the service of “My Lord and master and/or in relieving at any time any pious person or persons in need whom they, the trustees, may wish to assist. ’’ The question was raised before Bis Honour (Air. MacGregor) at the Supreme Court, whether this trust came under Hie description of a charitable ; trust, and to-day in his reserved judgment His. Honour held that Iho gift 1 was wholly void, for there was uncertainty of the value of the residuary eat ato affected by the gift. It was slated at the, hearing of legal argument to be between £7OOO and £8()0(i. His Honour said: ‘‘ The established rule is that no gift is to be deemed charitable unless the testator i.. express terms, oi Ly necessary implication, signified his clear intention to devote the properlv I obligatorily io charitable purposes. In j his opinion the testator had nut ex- . pressed such clear intention in his will. | llis Honour also held that the peri sons entitled to the estate of the lesj latur un the death of his widow were ‘ his next ul kin us vu Luteslaey.