A WILL CASE.

Gisborne Times, Volume XXVIII, Issue 2768, 24 March 1910, Page 5

A WILL CASE.

AN IMPORTANT JUDGMENT

[Per Press Association. 1 WELLINGTON. March 23

The Chief Justice (Sir Robert Stout) delivered judgment in the case- of Alfred John. Litchfield and others v. Charles Manby Walke and others, ar originating summons. The cose concerned the construction of the will of Thomas Carter, sheepfarmcr, Marlborough, who died on the 27th March, 1900, leaving real and personal estate valued att over £149,000. His will provided that after making provision for his wife and adopted daughter, the remainder of the income was,to be divided amongst certain grandchildren, those born in testator’s lifetime and still alive, those born in testator’s lifetime and now dead, and those grandchildren born since the death of testator. Thp, question for the decision of the Court was whether the representatives of the deceased grandchildren were entitled to a. share in the income, and whether the grandchildren born since testator’s death also were entitled to a share in the Income. Regarding the grandchildren born after the death of the testa, tor, His Honor said The decision m the Crossland v. Halliday case seemed conclusive on the points raised in this case. There it was held that a gift of income to children of a sister was confined to the children horn at the date of 'testator’s death. “I am therefore of opinion,” said His Honor, “that tnese three grandchildren cannot share as thev were not grandchildren at the date of testator’s death. The construction of the will lends no assistance to a contrary opinion.” 'Hie other point raised was whether tne representatives of the oTandchildreo who were alive at -the time of testator’s death, hut have died subsequently,could claim the shares that would have gone, to deceased if they had lived. His Honor considered they were so entitled. Costs ar e . to be allowed the parties out of the income, and are to be fixed by the Registrar.