LAW REPORTS.

Dominion, Volume 4, Issue 1166, 29 June 1911, Page 3

LAW REPORTS.

SUPREME COURT. APPLICATION TO ALTER WILL. FAMILY PROTECTION ACT. Ail application under tho Family Protection Act, in the estate of .1 Dim Glasgow, late of .Marlon, who died 011 July 10, 11)10, was heard by his Honour Sir Joshua Williams yesterday afternoon. Air. C. 11. Collins, of Martin, appeared for the applicants, Mv. C. F. D. Conk for the executors, and Mr. Balcombc Brown for Kobert Glasgow. The testator, said counsel for tho application, left a grown-up family of I'tvo sous and two daughter!;, his wile having predeceased him. He disposed of his property by will as follows:—To his elder son, Francis W. Glasgow, an annuity of -CSO; to his eldest daughter, Mrs. Couper, a legacy of J.'5011; and to Grace Glasgow, a legacy of 4:700, the rest of the estate being bequeathed to the younger son, Robert Glasgow. The applicants for relief under the Family Protection Act were the elder brother, Francis, and the younger daughter, Grace. Francis was 52 years of ago and, said counsel, had a congenital defect. The other applicant, Grace Glasgow, was 40 years of ago, unmarried,- and since the death of her mother, nine years ago, had kept house for her father. The other daughter, Mrs. Couper, was comparatively well-to-do, and was not an applicant. The principal property left by the testator was an unencumbered freehold farm of 19G1 acres at Marton. This, with the stock upon, if, was valued for private purposes at .£6152. A valuation made by a competent private valuer put tho value at .£7323. Tho testator, during his lifetime (in 1893), bought a form of 3!)2 acres subject to a mortgage, for Kobert, and when lie retired from activo farming in 1002, he leased "Ashley," the farm of 496; acres dealt with in the will, together with tho stock, at .£175 rental per year, and it appeared that Robert voluntarily paid ,£2OO in place of the rental of .£175 lie was legally bound to pay.

Counsel for applicants asked that tho will be altered' by tho Court in order that Francis should receive X' 3 a week and Grace 30s. a week. Mr. Cook said the desire of tho executors was to abide by thd order of the Court- in the matter. Mr. Brown contended that the testator had iwlo ample provision for his sons and daughters. Judgment in the ease was reserved. DIVORCE. DECREE ABSOLUTE GRANTED. His Honour also heard a motion for a decreo absolute in the case of Henry Somes v. Rose Somes and Ilenry Williams. The application was granted, the custody of the five children being given to tho petitioner, for whom Mr. P. J. O'Regan appeared. MAGISTRATE'S COURT. . (Before Mr. AV. G. Riddell, S.M.) There were no indictable cases to be dealt with at the Magistrate's Court yesterday, and the police list was unusually brief for a "Wednesday sitting. John David Speight, appearing on remand, was called, on to answer two charges of theft of overcoats from hotels in .the city. He pleaded not guilty, but tho evidence was held to he. against him on each charge, and he was sentenced to three months' imprisonment.

Dimitri Garvi'cu was brought forward for sentence en a charge of being an idl& and disorderly persou. He was convicted,' and ordered to'remain in the Ohiro Home for three months; otherwise, he was to'be called upon for sentence. Frank"P. Bruford. who was taken to the Wellington Hospital while on' remand from Dunedin to Hnntorvillo on a charge of fraudulently'obtaining'monej-. was remanded until July 5, when it is anticipated that he will be well enough to proceed to Hunterville. ■■ A first-offending inebriate was fined 55., 'With'the usual alternative. JUVENILE COURT. THE BOY AND THE CASH-BOX. In tho Juvenile Court a lad 15 years of age, .who had been employed as junior clerk at Laery and Co.'s establishment, wa-s charged with the thefl of a cash-box and 15s. in money, of which the sum of .£1 15s. Id. had been recovered. The cash-bos had been destroyed through being opened with a tomahawk. A conviction was recorded and the lad was ordered to como up for sentence when called on, an order being made for the refund of the .£2 19s. lid. still missing, and also 10s., value of the cashbox.