SUPREME COURT.

Dominion, Volume 3, Issue 888, 6 August 1910, Page 14

SUPREME COURT.

A WELLINGTON V/ILL CASE. MOTION TO SELL. Mr. Justice Cooper sat in Chambers yesterday. • , • •. < Mr. E. C. Levvey, 011 behalf of Thomas James Jamieson and Christina :Aim Jamieson, .executors ■in the estate of the late James Jariiiesoiv -of Wellington, applied for an order-to sell certain, property in order to pay, off a bank overdraft of £484. His 'Honour said that,' prima facie, the deceased, land one of the executors, ivoro equally liable for the ; overdraft, : as a partnership affair, but the executor said that the' deceased alone was .liable. . There :vaa an "infant"—a son ■of the deceased—v.iiose personal interests in the matter was prima facie, opposed to that of the executor. His Honour, therefore, ordered that the I motion should; bo served on this son, and an independent person should bo :appomtcd guardian ad litem,- in order .that siich . person should; be able to satisfy the Court that. the interests of the child would not suffer. PARTIALLY INTESTATE: Mr. M. Luckie, appearing for James Prouse and B. R. Gardener, of Levin, executors undor the will of tho late Alexander Oalder, of Levin, ■ applied to Mr. Justice Cooper in Chambers yesterday for administration of a portion of the estate not dispused of by the will. The total value of the" estate was about £500, and the nndcriscil portion consists of land said to be worth .about £220. In the will, of which probate has been granted, the testator stated that ho had left a previous will disposing of the'properly in question, but the executors stated that they could not find the will, and they filed affidavits in support of ,their opinion that no such will existed. The deceased was a bachelor, and no relatives had been found. His Honour ordered the easo to stand over, and liotioe to be given to tho Public Trustee. If the Public-Trustee elected to apply for administration 110 would have a prior right ,to hold tho property in trust for the next of kin, and if it was ultimately decided that ho will dealing with the property was 'in existence, and that deceased - left 110 relatives, the proporty would belong to the Crown. His Honour also directed that; an affidavit should be obtained from Mr. Oakley, who made tho will of which probate has been granted. CONDITIONAL LEAVE. , ■ In regard; to the application mado at tho last sitting in Chambers by Mr. P. J. O'Regan, for leavo to administer in "Wellington tho estato of ■ the late Reginald Watts, 1 who was killed by falling down a mine, shaft at ltcefton. Mr. Justice Cooper stated in Chambers yesterday that if Mr. O'Regan would file an affidavit satinfying him; that .there were, no other dependents but the father and- mother, who live in Canterbury, lie would urant leave to administer in Wellington. TO EXAMINE A DEBTOR. : A summons for r tho. examination of Charles James Olivecrona, late wool merchant, of Lower Hutt, as to his financial ability .to .meet a judgment recently entered against him, was 011 tlio list of business to bo taken in Chambers by Mr. Justice Cooper yesterday. The .Chief Justice last month awarded John . Milne -.the sum of £GBO and costs on a-claim -for debt arising out of certain, partnership arrangements between plaintiff, defendant, and other persons. On a further claim.for £231; plaintiff was non-suited .on t-lie grouiid that he could not recover it unless ho showed that defendant was in a position to pay it. • When tho case was called on yesterday, Mr. Fair,' for the plaintiff Milne, asked leave, to withdraw • tho summons, as the defendant 1 had since filed his. petition.' in bankruptcy. , His Honour, in consenting, remarked that- the plaintiff .would have even better opportunities of examining Olivecrona before the Official Assignee than he would before the Court.