High Court Wellington
2 November; 18 December 1992
Heron J
2 November; 18 December 1992
Heron J
Wills — Interpretation — Distribution of estate per stirpes — Testator's daughter married twice — Seven surviving children of daughter including one born out of wedlock — Meaning of "issue" - Whether child born out of wedlock constituted his own stirpital line.
Trusts and trustees — Liability of trustees — Payments for many years of income to child born out of wedlock — Payments unauthorised in terms of will — Whether trustees liable to account — Payments of income to the estate of deceased child of testator's daughter — Payments authorised under will — Whether trustees liable to account — Trustee Act 1956, s 73.
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