High Court Wellington
31 October; 1 November 1951 25 January 1952
Cooke J
Court of Appeal Wellington
16, 17 September 1952 27 February 1953
Northcroft J; Finlay J; Hutchison J; North J
31 October; 1 November 1951 25 January 1952
Cooke J
Court of Appeal Wellington
16, 17 September 1952 27 February 1953
Northcroft J; Finlay J; Hutchison J; North J
Will — Construction — Legacies on Secret Trust — Detailed Verbal Instructions given to Trustee before Execution of Will — Proposed Legacies including Gifts to Trustee — Knowledge and Acceptance of Trust by Trustee — Memorandum by Testatrix Executed after Will detailing Legacies and Amounts thereof, including Gifts to Trustee — Bequest in Will of Whole Estate to Trustee "to be distributed as [trustee] has direction from me" — Such Phrase referable to Verbal Directions preceding Execution of Will — Fiduciary Gift of Whole Estate to Trustee, and No Beneficial Gift to Her Directly or by way of Conditional Gift — Inadmissibility of Parol Evidence to show Intention to give to Trustee Beneficial Interest in Part of Estate.
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