LAW REPORTS.

Dominion, Volume 5, Issue 1276, 3 November 1911, Page 3

LAW REPORTS.

| SUPREME COURT. | CLAIM MADE FOR £500 DAMAGES. WAIWETU NEIGHBOURS. A disputo between neighbouring property owners in the Waiwetu district occupied the attention of the Chief Justice (Sir liobcrt Stout) in tho Supreme Court yesterday. Tlio parties to the action were Eleanor Thonis, plaintiff, and Editli Dorothy Ellis and John Ellis, defendants. The plaintilY (Eleanor Thorns) is the owner of land through which the Waiwetu Stream runs, and tlio defendants (Mr. and ilrs. Ellis) own land further down tho stream. On this tlicy have erected a dam, and established a flockmill, which is operated by the water. Mrs. Thorns claims that, by reason of the damming of tho stream, a cousiderable portion of her land has been inundated, and erosion of the banks has taken place. Sho thorofore claims .£SOO damages, and also an injunction to restrain Mr. and Mrs. Ellis from causing further- damage. Defendants denied that damage had been caused by their dam to Mrs. Thoms's property, and alleged that the erection of the dam was by the express leave and license of Mrs. Thorns, who had acquiesced in its erection, and had consequently lost her right to claim.

It was decided to take the question of leave and license first, as this might possibly decide the whole action. Evidence on both sides was called on this point, and argument by counsel will be heard this afternoon.

IS SHE EXCLUDED? EIGHTS OF AN ADOPTED CHILD. A declaration was asked for' yesterday in the Supreme Court, before Mr. Justice Chapman, as to tho rights of an adopted child of tho wife of tho late Anders Andersen, sheepfarmer, of Featherston, deceased. The Public Trustee, as oxecntor of the will, was plaintiff, and the adopted child —Elizabeth Dorothea Blinder Pilkington, wife of William Andrew Pilkington, farmer, of Pukekohe, defendant. Mr. J. W. Macdonald appeared for the Public Trustee, and Mr. C. J. Schauer, of Auckland, for Mrs. Pilkington. On August 1, 1882, Martha Andorsen, wife of deceased, adopted Elizabeth Dorothea Blinder JL'luruy, then aged seven years. On May 10, 1907, Mr. Andersen made his will, and, in it, ho provided as fellows:—"I bequeath to my adopted daughter, Elizabeth Dorothea Blinder Pilkington, the sum of four hundred pounds, but, in oas© slio prpdeewse mo, leaving any children surviving, then I dircct that such children, who shall respectively attain the age of 21 years, shall take in equal shares tho said sum of .MOO." After other legacies, testator directed the income of his estate to be paid to his wife for her life, or until her second marriage. The estate was then to go to All my children or any child, who, j £ 1 5011 or sons '. sllall attain 1110 age ot 21 years, or, being a daughter or daughters, shall attain that age or marry und&r that age, and if more than one in equal shares. In default of /such children, the estate was to go (a) J2300 to Thomas Clark, of Ballarat, father-in-lav/ of testator; (b) five-eighths of remainder for all his brothers aud sisters living at Ins death; (c) two-eighths for James Lovell, of Louisville, United States, brother of his first wife, and Mario Lovell, of "Watford, England, widow of benjamin Lovell, brother of his first ]"'e; W) ono-sixteentli to the trustees for th-p timo being of the Homo in the Wa-irarapa for Incurables, nnd if ro such home_ then for tho Home for Incurables in Wellington; (e) one-sixteenth for tho Otreytown Hospital. Mr. Andersen die-d leaving no children of his own, and, on Hay 15, 1908, probate was granted to the Public Trustee. Mrs. Anderson died recently in Ballarat. The questions for tio Court ■to determine wore

(1) Whethor, on the true construction of the will, Mrs. Pilkington was entitled to- share as a child of deceased. (2) Whether, if she came under the description of a child of deceased, 6ho was excluded by reason of having attained 21 and married before the date of the will; tho wording of the will was in words of futurity, and only applied to such da-ughters as (after the date of the will) attained 21 years of age, or married. After argument, his Honour reserved decision.