INTERPRETATION OF A WILL.

Wanganui Herald, Volume XXXXVI, Issue 13333, 23 March 1911, Page 3

INTERPRETATION OF A WILL.

(Per United Press Association.} • WELLINGTON, March 22

Eescrved judgment 1 was given by the Chief Justice (Sir Robert Stout) this morning on a summons for interpretation of the will of Frederick Gerard Eiechardt Roach, late of Wellington. The plaintiff was; Henry Wright (administrator), and the defendants -were Bva Roach and -Rita Roach (beneficiaries),- and Eva Roach and Frederick Vivian' Connell, warehouseman (executors of the will). Qucstionsl and’2 aiid the answers' are as follows :—No. lr Are ' 'the' policy moneys received by the executors—,£looo in respect" of a policy "in"the New York Life Insurance Company and the sum' of £586 12s in respect, of a policy in the Government Life Insurance Department—liable to applied in payment of the debts of deceased?— No. No. 2: Shoiild the assets of tho estate he marshalled 1 ; and the funeral and testamentary expenses be’ paid out of these moneys in exoneration of the. residue of deceased’s estate available for his creditors?— No. -f In answer to other questions, his Hono* said that, as the appointee in this case was a statutory officer, who was appointed to administer the estate according to law, the doctrine of marshalling ;adopted in Victorian cases did not apply. The original ’ executors of the policy moneys, who had collected and deposited these sums before the appointment of Wright, remained, trustees, of'these moneys. He hold that the policy moneys should bear the-funeral, and testamentary expenses of the deceased prior to the appointment of Wright, and: also the succession duty chargeable on these -moneys. Each’ party, should pay its own costs.