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EMELIEPOLINI'SWILL.

INFANT'S INTEREST.

SYDNEY, August 30.

Mr. Justice Long Innes, in the Equity Court to-day, gave a decision that Patricia Ellis, the infant daugh- ter of the late Emolie Polini, the act- ress, shall inherit her mother's estate when she becomes 24. The estate al the date of the mother's death was valued for probate purposes at ap- proximately £8000. Tile child was then aged five years. By the time she is 24, the money with interest will be a considerable sum. The money was left to the child on the condition that she was to be brought uo in England bv her uncle and aunt, Mr. and Mrs. Woen Nares. Otherwise the amount provided for the daughter was to be substantially reduced.

Mr. Justice Long Innes said: "The conclusion to which I have come is that the condition is a condition sub- sequent, and o""osed to the public interest, firstly because it would have the effect of deterrinc the father from performing his parental duties, and secondly because it is an attemnt to interfere with the discretion of the court as to the custody and mainten- ance of its ward."

His Honour added that he held that the condition was void and the trift to the defendant. Patricia Marie Ellis, was absolute, subiect only to defeas- ance on her death, under the ace of 24 years without leavine issue. Eme Iir Polinl died in New York in July,

1927.

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