THE COURTS.

Press, Volume LXI, Issue 18419, 27 June 1925, Page 7

THE COURTS.

SUPREME COURT. CIVIL SITTINGS. (Before his Honour Mr Justice Sim.) CLAIMS O.V AX ESTATE. Elsie Elizabeth Mitchell widow of Alexandra Boswell Mitchell, late of Lyt'clton. applied under the Family Protection Act , further provision from the estate of her .ate husband. _ Mr M. J. Gresson. with him Mr L. B. Freeman, appeared for the applicant. Mi 1\". .7. Hunter appeared for th.; executor under the will. William James Mitchell, fruiterer, and for Emily Mitchell, v.i.10-.\. and mother of testator, Mr L. C. Andrew, of Timaru. appeared for the infant child of applicant. Ada Elliott Mitchell, Mr R. Twvnehara appeared for Edith Oertrude Rose" Mitchell, sister of testator. Mr Gresson said that the only difficult;. nros-\, because the estate was very small, and there were rival claims. The value of _ the est3te was £984 12s. Testator had leit a one-quarter share to his wife, a one-quirtei share to an infant daughter, a one-quarter share to his mother, and a one-quarter share to a sister, who was an invalid. The share to the wife was .t"J4f>. but she was .ina.ile to work. The mother was 71 years of age. and had a house valued (it £IOO. During the testator's lifetime he allowed the mo her £2 His a week with which to maintain herself and the invalid sister. It was submitted that the wWe and daughter were the first claims on his bounty. The truth was that there was not enough to go round and the question reallv resolved itself into principle as to whether a man who had not enough to support his wife and daughter should moke any provision for his mother and sister. Counsel did not propose to quote authoritv as the principle was well defined. His Honour had a difficult question to settle in dividing too little to go round. Elsie Elizabeth Mitchell, widow of testator, was colled for examination by Mr ,"""- ter, nnd stntod she was a member of the Dennis family, owners of the fish business. She had an interest in that business hne knew a Mr .Tim Knowles, but denied that she was keeping company with him. bhc stated that she earned 15s a week., _ Mr Hunter submitted that the position was that testator had had to take Into consideration ail claims against him, and do'his best to meet them equitably. His Honour: If there is not enough to go round, which claim must prevail! . Mr Hunter: I recognise that the claim of (heovidow and child must come first. Mr Hunter continued that the man had endeavoured to deal fairly with those who had claims upon him. . , MrTwvneham pointed_ofit that the invalid sv.sler had no prospect of being able ,0 earn a living, and depended upon what had been left her. Mr L. C. Andrew said the child was entirely dependent upon the widow and the. money left her by testator. His Honour said that ho thought the share given to the invalid sister ought not to be distributed, but the balance of the estate should be formed into a common fund, lie would order that the quarter-share be paid the sister, and that the balance of the estate be paid to the Public Trustee as a common fund for the maintenance of the widow and the maintenance and education of the daughter. DIVQRCK

Decrees nisi were mado absolute in the following cases: —Annie Christina Bowman (Mr R, A. Cuthbert v. John Stuart Bowman (Mr R. Twyneham) ; order for 35s n week maintenance , Pirihana Waitaki McDonald (Mr K. A. Cuthbert) v. Colin McDonald. Ethel Bertha Williams (Mr R. A. Cuthbert) v. Albert Sidney Williams (Mr is. Twyneham). . . Anno Marv Saint-Merat (Mr Brassington) v. Charles Andreas Saint-Merat; order made for £2 10s a -week maintenance. Iris Catherine Baker (Mr W. F. Tracy) v. Leo Horace Beilby Baker. Gertrude Leonora Mekenna (Mr K. A. Cuthbert) v. William Carbury McKenna, respondent to pay £1 10s a week maintenance, and £3 3s costs. , Frederick William McPherson (Mr L. A. Cuthbert) v. Harriette Hannah McPherson (Mr W. F. Tracy). In Emily Bullock v. Henry Arthur Tnsel Bullock in which the previous day a decree nisi was made absolute, Mr 11. Twyneham who appeared for the respondent, said 4hat petitioner had obtained a decree absolute, but refused to seal it. The question mosb as to whether respondent was entitled to His 'Honour said in reply that petitioner wished to take out the order, but wished to have h6r costs paid first. Respondent was entitled to seal the order as petitioner would not do so. . . „ , In the case in which Francis Leigh Hutchinson (Mr R. Twyneham) applied for a decree nisi against Mabel Grace Hutchinson (Mr R. A. Cuthbert), a decree nisi was granted to be made absolute in three months. MAGISTERIAL.

FRIDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS. Charged with drunkenness and breach of his prohibition order, Alfred Egbert Campbell, aged 38 years, was convicted and fined 5s in default 24 hours' imprisonment on the first charge, and convicted and fined 10s in default 48 hours' imprisonment on the second. THEFT. Sentence of seven days' imprisonment, with hard labour, was passed on Robert Thomas Leathern, aged 55 years, who was formerly a clerk but who has been an inmate of the Salvation Army Home for some time, on a charge of having stolen a quantity of carpenter's tools, the property of the New Zealand Farmers' Co-operative Association, Ltd. HEAVY TRAFFIC. On a charge of having driven a heavy traffic vehicle over the Wainoni read, which had been closed to nil heavy traffic, Robert M. Lucas was convicted and fined 40s and costs. LEESTON. (Before Mr H. Y. Widdowson, S.H.) Gavin John Allen, of Hastings, who did not appear, was charged that lie d.d unlawfully and without colour of right, but not so as to he guilty of theft with.n the meaning of the Crimes* Act, 1908, take or convert to his own use one motor-car, the property of George Y caiman, at Southbr.dg.i, on April 10th, 1924. A tine of £lO aud costs wa3 imposed, m default one month s imprisonment. The Magistiate said he could not order defendant to pay the cost of the damage to the car. W&liam Manifold McClure was charged with issuing an unstamped receipt for £o 3a 6d, while in the employ of the Oxford branch, of the Farmers' Co-operative Association. After hearing.evidence, the Mag strate dismissed the case, giv.ng defendant the benefit of a doubt. Judgment was given for plaintiffs by default in the fol".ow,ng cases:—A. A. McMillan v. W. K. Maopo, £J 103 3d; Chapman Bros, v. George jonn Allen, £4 14s ba.

METHVEN. (Before Mr E. D. Mosley, S.M.)

W. J. Cooksley (Mr Dart) was charged with exposing liquor for sale daring prohibited hours, and selling liquor after hours. Three charges were also laid against Stewart Leslie, barman for Cooksley, for suppling liquor. Mr Dart, who appeared for Cooksley and the barman, entered a plea of guilty to exposing for sale on behalf of Cooksley. Bv leave of the Court the charges (3; for selling after hours were withdrawn ny the police, also the charges against the barman, the facts being similar. , ~,-...* The Magistrate, after hearing Mr Dart for defendant, and his plea of guilty for exposing, and explanations of his previous breaches, stated that had Cooksley pleaded not guilty and been convicted, his license would have been endorsed. On the charge of exposing liquor, Cooksley would ba fined £8 and costs. David Gillespie, Reginald Compton, and Jas. Cairns, for being on licensed premises after hours, were each convicted and fined 10s and costs. Judgment for the plaintiff was given in W. A. Shemeld v. C. and E. Grievo £1 8s 7d, W. P. Cosgriff v. C. and E. Grieve £4 3s lOd and costs. In E. Washbournc v. Arthur Ireland, claim £ll Is 3d, debtor was ordered to pay balance of £7 Is sd, and solicitor's costs forthwith, in default eight days in Paparua prison. Dr. AV. H. D. McKee proceeded agiunst Ernest Albert Green for £l6 4s. Defendant was ordered to pay the amount due forthwith, in default 10 days' imprisouruent, warrant to be suspended so long as ho pays 5s per week.