The man failed to convince the High Court that the house of his deceased sister should be taken away from the Catholic Church and given to him.
The Court’s ruling in favor of the Church refutes Colin Morais’ assertion that he did not use his deceased sister’s house in accordance with her last wish.
Her wishes were clear.
When 52-year-old Carol Morais died in 2016, she left her home in Bishopdale to the Sisters of Mercy in Christchurch to use them to her advantage.
Her will stated that the property would not be sold. If the sisters did not benefit from the home, it should be left to the Catholic Bishop of Christchurch Diocese “for the exclusive use of their canons.”
As it turned out, the sisters refused to donate the house, and he moved to the diocese, which promised to fulfill the intentions of the will.
Although the diocese originally intended to use the property to house a priest, the plan did not work.
Instead, after the property stood empty for several months, the bishop offered to rent it to a young family while building a new home.
The weekly rent of $ 400 went to the bishop’s general account and was used in part to fund housing for retired priests.
When Morais ’brother found out about it, he started a case against the performers.
The donation of diocesan property was a “conditional gift that was not brought to perfection,” he argued.
Because the property was transferred to the church for “exclusive use” under its canons, but was not used exclusively by them, it should be given to him, he argued.
The executors and the diocese argued that the will gave all the property to the bishop, although it was accompanied by a wish that it be used for the purposes of the Catholic Church and not sold.
Judge Cameron Mander disagreed with Colin Morais that the term “exclusive use” limits how a diocese can use property.
He said the use of the word “exclusive” should be to preserve the benefits of the home for a particular group, not the specific use of the property.
The judge also referred to individual documents in which Carol Morais said:
“You must do your best to have the property passed to the Sisters of Mercy or the Catholic Diocese of Christchurch. I don’t want Colin to have this property. I have many reasons, most of which you all know. “
Her will also said while her mother was alive: “The house was a house of prayer, peace and holiness. I really want it to continue. “
Mander said the evidence shows the diocese sought to adhere to freedom by using the property for the benefit of its priests.
News category: New Zealand.