SUPREME COURT.

Dominion, Volume 5, Issue 1552, 23 September 1912, Page 8

SUPREME COURT.

SCOTT-JURTIXDALE APPEAL. DISMISSED WITH COSTS. Several reserved decisions in bookmakers' eases will he delivered in the JJngisirato's Court this week, as (hey were HK-Tol.v wailing a decision delivered by the Chief Justice (Sir Robert Stout) iii the Supreme Court on Sutiircluy mornimr. This whs in connection with the ca-e in which Seolt and Martindalo nsked the Court h> leverse the decision of Mr. W. G. Riddell, S.M., who last month convicted them of publishing to Dp(pefivc-Ser-Keiuit Cassells a double chart relating to Ix'Ltiiiß on horse races. The information in the Lower Court was laid uisdcr Seclinn .'lO of (lie Gamin',' Act, ami alleged t hut William Scott iirnl Henry Martindiile, members of the (inn of Seott and Martindale, bookmakers, of Wellington, published a certain document (double chart) which contained a no! Mention as to betting on l>or*o races (Wellington Stcopjpchnsp and Winter Hurdles) to be run at Treniham' on July 17 last. Both defendants pleaded not guilty, lint after hearing the evidence, the magistrate on August. 1.1 convicted them and imposed a line of .fl ond*o-t?. From pvidpiiee temk'reil il appeared that on July 12, Detective ('iisscll?, under Hip assumed name of J. Morris, wrote to the defendants, asking them to post to him at the liaihvny Hotel, Lower Hnlt, a double card on thp Christcluireh and Weilinglon race meptiii;,'?. On July 1.1, tho

[ defendant- parted In ".I. Morris. Ksr ( ., liaihvjv Hotel, Lower Uutt." an envelope cniilninins ii double chart fii I lit- Wellinc-: Inn Steeplecha-o ;iml Winter Hurdles and marked A.11.C. On .lulv Hi, this envelope v.as handed In Detective dwells by I lie wife of the iii.ip: f< tin- of tin- hotel', mid the iiifnriiiitlion iv.l-1 laid, conviction ami line fnUoiviiiß. Siih-crini-nHv - SeuH muj M-u-lindalo appealed. Al tin. lii-arin-i fit Ihe npimil. Sir John T'indlay, K.C., willi liini Mr. F{. M. WaiMill. appeared for (he jipjielljut-, v.hil,. Mr. H. 11. (Wler, of thi! Cnuvn I.mr Ollicc, iipprarwl for Ilu , vvsimideiit. il'is Iloniini- di-missod Ilio appeal, willi live guineas costs, HOME-DRAWN WILL. HOW COV!!T JNTKKPIIF.TK IT. A home-drawn u-ll!—thnt of Hie lnfi. Kielnii-d Allen. accountant, af Jiivi;rcni-j,'ill —»o< submitted to llic Chief Justice (Sir Hoberl Slonl) for interpretation in ihc Supreme , (/oui-l U<-l week, mid 'decision in Ihi , cn*p was dnlivercil <m Satunby. The actiiin was Iwnglil in Hi? I'nrm of on origin:)) ins siiininuii.-s the plaintiff Im-Iii«; the Public Tru.-teo, ami the defcnihmr Klkin Kdinnnils, wife of John Edmonds, commercial traveller, nf .Melbourne. At Hip hearing. Mr. .7. W. Macdonald, Miiieitur In tin , Public Trusi Office, appealed for Ilia pluint-iff, while Mr. T. Xeave appeared for the defendant. Probate of the will of the deceased was Rianted to the Public Trustee on January •')], ini2: Aflsr providins; lor a number of legacies, (he will (a homo-drawn one) went: on to say: "1 give, flpvisp, and bequeath to my dearly helovod daughter, (Jlivo Klkin-Edmonds (now ri-sidin K in Kn-luml), wife of John Edmonds commercial traveller, of Melbourne, for her sole and fenariite use, the suiii :if -£100, to be. paid In her in cash whenever that amount shall be in hand, and I lie balance to be invested by the Public Trustee and the interest o;i same to lie rcmitlrd to her quarterly, or at such periods ;is she may desire, but I desire the house nn<l land in Esk Street shall form part of such investment, or, in the. event of her returning to Invcrpai'Rill to live, inv daiisliter is to' have (hi; right of livi.iiß in the house rent free, should she de-ire to do so, and further imthorise the .Public Trustee to .dispose of my v ro<iliy should my said daughter desire him to do so." The question for .the Court to determine was: Wiiillrer there had been an effectual disposition of the corpus nf the estate? Or whether there was a g-H only of the income t'.i the defendant': . And also whether there was given t> mere personal right, of enjoyment in the realty? ~. After reviewiii'; the facts, hi;. Honour held that the will muM. be read as an absolute estate lo Mrs. Kdmnmls. .lude,inent was s-iven accordingly, and an order was made for the costs of both parties to.be paid nut :>f the estalp.