High Court Wellington
27 May; 1 August 1955
Barrowclough CJ
Court of Appeal Wellington
25 September; 11 October 1956
Gresson J, Stanton J, Shorland J
27 May; 1 August 1955
Barrowclough CJ
Court of Appeal Wellington
25 September; 11 October 1956
Gresson J, Stanton J, Shorland J
Will — Construction — Omission — Necessary Implication of Intention — Provision for Four Named Persons to share in Income and Capital of Estate, subject to Widow's Life-interest, if Testator "survived by a male child"; alternatively if Testator "survived by female child" — No Children of Marriage — No Disposition in Event of No Children surviving — Literal Form counteracted by Rational Implication — Four Named Persons to share equally in Available Income and in Capital of Residue after Widow's Death.
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