SUPREME COURT.

Dominion, Volume 6, Issue 1679, 20 February 1913, Page 3

SUPREME COURT.

(Before His Honour Mr. Justice Chapman) • TRANSFER OF . ESTATE. . ACTION TO SET IT ASIDE.

'An action to .set aside the transfer of ' estate and to' obtain an account of: administration' came .before Mr. Justice Chapman in the, Supreme ; Court yesterday. ; The . subject matter of- the .'action , was/property loft by the late Robert Tannahill Watson, formerly a baker,of Granity, in the province of Nelson. The i plaintiff in.the.action was one. of the • deceased's daughters, Lillias Anne Watson; nurse, of Wellington. The defendants were . Jessio Watson, widow of the doce.ascd, and' Robert Tannahill Watson, hotelkceper (a son of tho deceased), both 1 of Granity. ' '' . ■ • ; \ ■ •The Hon. A. L. Herdman, with Mr. L. K. Ri'rkcaldie,. appeared for Ihe plaintiff;. Mr. I C. P.'Skerrctt, K.C.,-with. Mr. . G. 11. Fell appeared for the defendant (Robert Tannahill .Watson); arid Mr. W. •T. rtrran appeared for the defendant (Jcs-' sio Watson);'. , < Certain Jaw .points, preliminiirr.ro.',the . action; had-teen ar'suod before'; his Honoui- last year, fnr-Hiei tmrpdiuiof'obtain•ing an, interpretation of deceascd's'.'will,' which ,'had been brought into. question. l His Honoiir subsequently decided that 1 tile'widow had. a life interest in the estate, and that' tho children had a present,vested interest not conditional upon . litheit surviving l their mother, r Mr! Herdimin jpivriii 1/rlet' review of the", facts yesterday before calling anv evidence. : It appeared that Robert Tanna- ; hill Watson, senior, died in 1692, leaving a widow and eleven children, and property consisting of .01 acres of leasehold lands. Tho net yaliie of the estate was £512 Bs.' sd. Tho defendant, Robert Tannahill Watson, a son of the deceased, : lived" with tho family at their hotel in Granity until 1891 when he Went to Cooleardio. i He returned .in 1895 and commenced to work at the hotel. The following year he opened n bunking account in his own name and paid' into it all .the money ■ derived from the bar nnd the . bearding part of the hotel. In the • license of the hotel was transferred to him while/two rears later his mother (the other defendant 'in the present action) transferred to him, for'a consideration of JJ2S, a section on which the hotel was' subsequently • rebuilt. _ Mrs. Watson had a life -interest only in the ■ section on which the hotel was re-built, but- she., transferred... the,.fee simplo; to. her son, Robert Tannahill Watson. In 1902. the latter.transferred the hotel to a Mr. Farquhar. The consideration was .£ISOO, for tho goodwill, .£IOO for the furniture, and i26o:a. year .'as.' rent. ' • Tho principal matters sought hy; the statement of claim were -an account of the, widow's administration of the estate; an'order that Robert Tannahill Watson (defendant) held certain money and hotel . property, as trustee for the other children and the widow; and ah -order tlint "the ourchase by Robert, Tannahill Watson (one of tho defendants) -of certain land from Jessio Watson.(the other defendant) be .rescinded: arid; the land ■ retfansferred to Mrs. Watspn to be lield as.part of tfio.' estate. ; ~ , It ■ wd9 mentioned in evidence by the plaintiff that Mrs. Watson was under the impression that she had. a right to transfer the property at the time, the sale was made, and "that, . though now joined as, a defendant,'.she was. desirous, of rectifying any mistake that 'had: been made. ' Several ..witnesses,'were called • yesterday morning, but at 2-p.m.,tho,hearing wa| not resumed as-the parties were endeavouring/to! arrive .at' a ' settlement.'. ' Shortly after; half-past '.lour, • Mr. Herdni'an was able to announce that the'parties had agreed upon a .'compromise. He handed'his Honour the terms in writing. His Honour- said he was glad the matter, had been so settled. 'As it had been allowed , ,to - driftfor so long' it was viously a case for an agreement between the parties. Judgment : was-given in i terms of the comproniise, leave being reserved to any party to iapply to the Court in regard to any point, which it , : might prore had not been provided for. .