The Advertiser (Adelaide) Saturday 7 October, 1911
(Before his Honor the Chief Justice.)
Construction of a Will.
In the matter of the estate of Alexander Hay, deceased. The hearing was resumedfrom the previous day. Under his will thetestator gave an option to his son, Alexander Gosse Hay, to purchase the MountBreckan estate, Victor Harbor, for £5,000. The estate was subject to the life in trustof Mrs. Hay (widow of the testator), whowas among the passengers on the ill-fatedsteamer Waratah. The large residence onthe estate was destroyed by fire in February, 1910, and there was insurancemoney amounting to about £8,000. A. G. Hay died while on a voyage out from England in 1901, and the chief question thecourt was asked to determine was whether this option passed to his executors, or whether it was merely a personal option.
Mr. W. J. Isbister appeared for the testees;Mr. G. J. R, Murray, K.C., for Mr. E. Hay (son) as administrator of the estateof A. G. Hay and for W. E. Hay personally, as a beneficiary under his father's will; Mr. H. G. L. Simpson for James Hay Gosse, as administrator of the estate ofMrs. Agnes Grant Hay (widow of the testator); Mr. A. W. Piper, K.C., for Mrs.Margaret Luxmoore and Mrs. Agnes Gosse(daughters of the testator) and James HayGosse (grandson); and Mr. W. H. Wadeyfor J. H. Luxmoore, as executor of the willof James Hay, deceased (son of the testator), and for James Hay Gosse, an administrator of the estate of Miss Helen Gosse Hay, deceased (daughter of the testator).
Messrs. Murray and Simpson argued infavor of the option passing to the executors of A. G. Hay's estate. Mr. Piper admitted that the option was a purely personal one, and lapsed on the death of A.G. Hay. Mr. Isbister also contended that the option had lapsed.
His Honor said he would deliver judgment at an early date.