INTERPRETATION OF A WILL.

Wairarapa Daily Times, Volume XXVII, Issue 7504, 6 July 1903, Page 3

INTERPRETATION OF A WILL.

Cockburn v. Cockburn.

Judgment was delivered by the Chief Justice, on Saturday, in the originating summons case, Cockburn v. Cockburn and others, in which an interpretation of the will of the late Alexander Cockburn was sought by the widow of the testator. His Honour, after analysing the will and quoting authority, said he was of opinion that the life estate granted to the widow had not been destroyed, and that she had a life estate subject only to it h e i"g divested on re-rnarriqge, and the other provisions of i he will only operate on such re-marriage. There was no disposition of the property after the wife's death, and, as to tho property then, there is an intestacy. His Honour answered the specific questions put in the summons as follovfs:—1. The widow is entitled to a life estate only. 2. She is not entitled to the corpus of the estate or any part thereof. 3, and 4. She is not a trustee for any one save herself, and, as life tenant, she is to manage the property. 5. Robert Cockburn has no greater rights than an executor has. 6. The sons and daughters have no interests under the will unless on the re-marriage of tho Mother. 7. There is no un( j et . tne wi u an ,j undn>; circumstances for the plaintiff or tho executors to sell tho land, I have not considered whether there is power to sell under the Settled Land Act, 18S6.

J Costs were fixed at £10 10s to the widow and jE6"Qs to each of the other parties, to be paid out of the estate, plus disbursements.

[Mr Robert Cockburn, of Masterton, is the executor referred to. I