High Court Wellington
10 December; 13 January 1948
Fair J
10 December; 13 January 1948
Fair J
Will — Interpretation — Equal Shares in Estate bequeathed to Children — If any issue "die before receiving his or her share of my estate without leaving lawful issue him or her surviving," Share to be divided equally between their Surviving Children — "Receiving" — No Share to be paid to any Person entitled thereto until he or she should Attain Twenty-five Years — Nature and Time of Vesting — Direction to Accumulate Income to form part of Corpus of Trust Estate — Direction Void as to Period in Excess of Twenty-one Years — Unlawful Accumulation to fall into Residuary Estate — "Then surviving children" — Accumulations Act, 1800 (39 & 40 Geo 3, c 98), s 1.
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