COURT OF APPEAL.

Dominion, Volume 3, Issue 787, 9 April 1910, Page 15

COURT OF APPEAL.

INTERPRETATION OF A WILL. A NAPIER CASE. Argument was heard yesterday by the Court of Appeal in a Napier case removed into the Higher Court by Mr. Justice Cooper. The Bench comprised the Chief Justice (Sir Robert Stout), Mr. Justice. Williams, Mr. Justice Edwards, and Mr. Justice .Chapman, i The case was brought in the form of an originating summons, and the Court was asked for an interpretation of certain clauses in the 'will of Robert Holt, sawmiller, late of Napier, deceased.' The plaintiff was John Holt, sawmiller, of Napier, and . the defendants were John Holt, sawmiller, of Hastings, Sarah Leach Dean, wife of Oliver Dean, clerk in Holy Orders, of Napier; and Robert Holt, jun., accountant, of Napier, as executors and trustees of the will of the late Robert' Holt, together with infant children of James Holt, John.Holt, Sarah Leach Dean, and Robert Holt, jun. Mr. M. Myers and Mr. W. Sproulo (of Napier) appeared for the four named persons benefitirig under the will; Mr. C. P. Skerrett, K.C., with him Mr. W. G. Wood- (of Napier), for the infant grandchildren-of the testator;-and Mr. -ft. A'.' Cornford (of Napier) -. and Mr. E. F. Hadfield for-Mrs. Thompson (of Napier), who had an interest under thowill. .."'..■." Having heard counsel's addresses, the Court reserved judgment. ' . COSTS AWARDED. A decision as to costs was given in the case of John Campbell,, of Auckland, versus the, District Land Registrar at Auckland, a matter which was decided at the last sittings of the Court of Appeal. Oh Thursday, Dr. Bamford (of Auckland) moved for costs.on .behalf of.the appellant, Mr. Martin Chapman, K.C, appearing for the' respondeat. - ; The Court.: yesterday decided that costs, should be! allowed on the. middle scale, as/.from-'a distance;' those,'..with seven guineas costs in"the Court.below,: and the Registrar's costs, to be paid out of the insurance fund.