Re Murray (deceased) Clarke v Wakem and Others - [1964] NZLR 627

Wills — Devises and bequests — Fixtures — Farming machinery — Land devised as farm and gift including live stock — Whether fixtures passing to devisee — Chattels Transfer Act 1924, s. 3 (2).

Wills — Devises and bequests — Gift of all estate and interest in certain land containing 52 acres — Actual area 138 acres — Testator having leasehold interest in whole block and freehold undivided interest equivalent to approximately 52 acres — Whether entire leasehold interest passes.

Wills — Devises and Bequests — Specific devise of land — Land subject to mortgage — Mortgage collaterally secured over life insurance policies — Mortgagee having right on death of testator to apply proceeds of policies in repayment of mortgage — Whether devisee takes land free from or subject to mortgage — Property Law Act 1952, s. 149.

Wills — Devisees and Legatees — Gift of one-tenth share in estate to each of testator's nephew and niece, children of A. — At date of will A. having two legitimate and one illegitimate child — Illegitimate child subsequently adopted by A. and her husband — Further child later born of A.'s marriage — Which children of A. taking — Adoption Act 1955, s. 16 — Wills Act 1837, s. 24.