SUPREME COURT.

Dominion, Volume 7, Issue 1906, 14 November 1913, Page 3

SUPREME COURT.

PUBLIC TRUSTEE'S PROBLEMS. A' number of matters connected' with estates in the custody of tho Public Trustee wore dealt with by His Honour tho Chief Justico in-the Supreme Court yesterday. _ As administrator of tlio estate of Emily Bcrmintrhain, late of Petone, deceased, the Public Trustee proceeded against Harriett Jans Benningham and othere for an order directing: (1) What inouiries (if any) should bo., mndo in order to ascertain (a) whether Joseph Bormingham, a brother of the' said Emily Bermingham, is dead; and, if he is dead, (b) whether ho died before or after the said Emily Bermingham; and (c) whether, if the said Joseph Bermingham is dead, ho left surviving him a widow and children. (2) Why an m '^ cr should not bo made authorising the Public Trustee to distribute among tho defendants one-fifth part of the said estate now held for the said Joseph Bormingham. Mr. J, W. M'Donald (solicitor to tho Public Trust Office') appeared for the Public Trustee, and Sir. R. C. Kirke for the defendants.

Tho circumstances of the ease wore that Emily Bcrmingham died intestate. at Potone on November 16, 1911, and administration of her estate was grants fid to the Public TrHstce. The deceased left as next of kin three sisters, Elisabeth Bermingham, Julia Bermingbain, and Harriett"Bcrminßliam, three children of a- deceased brother, and another brother, Joseph Bcrmiiigbam, who had not been hea'rd of for" twenty years. He loft England for .Anierica about, twenty-five y»:trs a sin. He travelled through the' United States, but about' twenty years a«o lie ceased to «6rresnond with his relations, and all innuiries by tbeni to discover bis whereabouts wore unsuccessful! Ho was never known to have married. His Honour ordered that, the. estate bo distributed on the assumption that the missing brother predeceased Emily Bcrminghani without issue.

ort Perrett, of Porirua, a mentally defective- person, by his committee, tho Public Trustee, for dissolution of partnership. Sir. T. Neavo appeared for the plaintiff, and Mr. J. W. M'Donald for the defendant.

It ivas shown tli.it tlm parties were* in partnership since 1907 "as butchers at Elthani, under a, verbal agreement, and in tho same year the defendant became of unsound mind.

Mr. M'Donald consented to an order dissolving the partnership and taking the accounts of the partnership. The order was granted. , COOLGARDIE MINER. The Public Trustee, as administrator of the estate of George Maber, a docogsed inin-or, late of Coolgardic, was tho plaintiff on an originating summons against John Thomas Maber, of Morrinsvtlle, and others, defendants. Sir. J. W. M'Donald appeared for tho Public. Trustee, and Mr. A. H. Barnett for the defendants.

■ John Maber, a- farmer, of Kafapoi Islands, by a deed of September 14, 1873, convoyed certain lands to trustees in trust for his wife for life, and after her death to her children, some of whom were the defendants. Tho Public Trustee was appointed trustee by tlio Supremo Court on March 22, 1911. Tho wife died on May 30, 1910. and probate of her will was granted to the Public Trustee, George Maber, one of tho children, died on December 17, 1894, intestate, and administration of his estate wfts granted to the Public Trustee. As bet died intestate, his father, John Maber (if alive), would take, his estate as solo next of kin. Tho father left Now Zealand for sonio part of America in 1876, and since then had not been heard of. If living, ho would bo 79 years of ape. The following questions wore submitted in 1-he summons-: —(1) How the estate of iiic said . Georgo Maber was to be disposed of; (2) whether tho Public Trustco may proceed to dispose of the said share among tho persons entitled thereto on- tho assumption that the said John Mabcr predeceased the said George Maber. An order was mado that the estate be distributed on the assumption that John Maber predeceased his son. HIGHLANDER'S ESTATE," "A very fine type of a Highlander," was Mr. Macdonald's description of Donald Sinclair CI mm, late of Timani. as administrator for whoso estate- the Public Trustee proceeded against Ann Sutherland, wife of Alexander Sutherland, merchant, of Scotscalder,' Thalkirk, Caithness, Scotland. Mr. D. M. Fiwllay appeared for tho defendant. Mr. Gumi died at Tiraara'on August 10, 1903, intestate., and administration of his estate was granted to the Public Trustee-. Deceased's estate became divisible between two half-sisters, Miss Elizabeth Sinclair, of ■ Baillic Farm, K-cay, Thurso, Scotland, and Miss Margaret Sinclair, the share of tho latter being retained. by tlio Public Trustee. Elizabeth Sinclair died on March 7, 1909, and bequeathed her whole estate to her second cousin, tho defendant, who was also solo executor of tho will. Margaret Sinclair was stated to have gone, from Caithness to Kdfinbni'gh, then to Ireland, and ultimately to tha Falkland Islands. Inquiries as to her whereabouts had been unsuccessful, and evidence obtained in Scotland ami tlio Falkland Islands was submitted.

The originating summons asked for alt order as to: (1) How tho distributed share of tho estate of tiro deceased set apart for Margaret Sinclair was to ho disposed of; (2) whether tiro Public Trustee may proceed to dispose of tho residue of the estate among the persons entitled thereto on the assumption that the said Margaret Sinclair pro-deceased tho said. Donald Sinclair, Guim without leaving issue- surviving him. Tho Court directed 'inquiries' to bo mad© of the administration of the Government of the Falkland Islands, and if negative information was received distribution was ordered to the other sister. ' IRELAND TO AMERICA. As 'administrator of tho estate of Robert M'Cullagh, late of Newton, Auckland, tho Public Trustee proceeded against Geovgo M'Cullagh. of Sertoli, Mohill County, Lcitrim, Ireland, and others. Mr. M'Donakl appeared for tho Public Trustee, and Mr. Findlay for the defendants. Robert M'Cullagh died on May 3, 1900, and administration of his estate was granted to the Public Trustee, and his estate became distributable in seven primary shares among his brothers, and sisters and their issue. The shares of three sisters, Eliza Boatman, Rebecca M'Cullagh, and Martha Graham, were retained, as they had emigrated to America, and their whereabouts were unknown. The evidence of_the defendants in Ireland was submitted to tho Court.

Certain inquiries and advertisements' were, ordered in Quebec.