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In re Campbell Public Trustee v Campbell - [1952] NZLR 214

$30.00

High Court Wellington
6 December 1950 19 February 1951
Stanton J
Court of Appeal Wellington
20, 21 September; 18 December 1951
Gresson J; Hay J; F B Adams J
Will — Construction — Gift of Income from Named Property in Equal Shares to Named Nephews during Their Respective Lives, and upon Their Death "the issue then living of such deceased nephews" to take during Their Respective Lives Equal Shares of Income to which Their Deceased Parents would have been entitled if Living — Gift of Income from Residue of Testator's Estate in Equal Shares to Testator's Only Surviving Brother, Four Named Nephews, and Four Named Nieces during Their Respective Lives — On Death of Any One of Them leaving "issue," "such issue" to take equally Share of Income to which Deceased Parent would have been entitled if Living — On Death of All Nephews, Named Property to be realized and Proceeds divided in Equal Shares among "the issue then living" of Such Three Nephews as They respectively attain Full Age, with Power of Advancement of All or Part of Minor's Presumptive Share in Capital or Income — On Death of Brother and All Named Nephews and Nieces, Proceeds of Sale of Realty in Residue and Personalty to be divided equally between "issue then living" of Named Beneficiaries on Their attaining Full Age, with Same Power of Advancement — Word "issue" (wherever used in Will) meaning "children."

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