LAW REPORTS.

Dominion, Volume 7, Issue 2131, 24 April 1914, Page 5

LAW REPORTS.

COURT OF APPEAL.

MATTER AFFECTINC A WILL. In tho Court of Appeal yesterday argument was heard in respect to an appeal from tho decision of Sir. Justice Chapman, on an action dealing with a question arising out of tho will of tho Into Alfred Henry Price, sliecpfarmer, of Tangarewa, Takapau, Hawke's Bay. On the Bench wero their Honours tho Chief Justice(Sir Robert Stout), Mr. Justice Denniston, Mr. Justice Edwards, and Mr. Justice Hoskiiig. Mr. C. P. Skerrctt, with Mr. J. H. 0. Murdoch, of Napior, represented appellant, Mr. F. A. Price; Mr. H. A. Cornford, of Napier, appeared for the trustees and infant; and Mr. E. F. Hadfield represented Mrs. Hunter, Mrs. "White, and Mrs. Price. The plaintiffs in the original action wero Charles Henry , St. Hill, sliecpfarmer, of Porangahau, and Frank White, sliecpfarmer, of Tano, trustees of tho will of the deceased. Tho defendants were Frederick Asbton Price, sheepfarmer, of Takapau; three daughters of deceased (Mabel Nelson, Ellen Gertrude White, and Marthanna Price"); and five sons of; the deceased (Arthur Edward Price. Thos. Godfrey Price, John Prico, Harold Mason Price, and Arnold Mason Price). Alfred Henry Price died on Juno 1, 1901, leaving the bulk of his personal property to his widow, and his real estate to the trustees, who were to administer the estate as directed until tho youngest surviving cWld of testator attained the age of 21 years, when distribution would take place in a manner specified. In August, 1908. His Honour had the will before him, when he heard an originating summons to detormino tho rights of parties and settle questions as to the duties of trustees. These questions were raised on tho application of one of the sons to obtain an advance on his expectant share. In dealing with this nintter His Honour determined that the shares of tho bfiioficiaries vested at least as early as tho youngest survivm? child should attain tho age of 21. Tho question as to I whether tho shares vested' at an earlier date (say. for instance, at the death of testator) was reserved for argument should it require to he decided. Since thou the death of one of the infant children (Arnold Mason Price) rendered a decision on the point necessary. In his judgment, from which the appeal was made, His Honour Mr. Justice Chapman said that the question argued was left -undisposed of when the originating summons was heard. It was there hold, that the share of each child vested at least as soon as such child attained tho age of 21, but it was not decided whether each child took an immediate vested interest on the deatli of the testator. Sinco then a son (Arnold Mason Price) had died tinder 21. and it becamo necessary to decide whether his share was vested. The will was dated September 28. 1000, and testator died on Juno 1,1903. Testator then had several sons under 21, some of whom were still under 21, and dausrhters under 21, who had all attained 21. The widow was still living. His Honour, held that so long as the annuity went to tho widow it was held by her on condition flint she maintained and educated the children. Upon the fullest consideration ho had been able to give to that peculiar will, ho held that tho'sharo of the deceased was a vested share. Argument was concluded, and the Court reserved its decision.

MAGISTRATE'S ! COURT. Mr. D. G. A. Cooper, S.M., presided over, yesterday's sitting of the Magistrate's Court. Samuel Poineroy was remanded till to-morrow morning on a charge of having stolen a quantity of grapes valued at 425., the property of some person unknown. Bail was allowed in the sum-of £5. Mary Harding and Kathleen Brady were each fined 20s. for importuning. Kate Sweeney was fined 20s. for insobriety, and 40s. for making use of certain objectionable language. For insobriety Louis Durholt was fined 10s. Fivo first offenders were convicted and discharged.