SUPREME COURT

Dominion, Volume 7, Issue 2211, 25 July 1914, Page 10

SUPREME COURT

. IN CHAMBERS ALLEGED BREACH OF TRUST Several matters of minor importance were'dealt' , with at a Chamber sitting of the Supreme Court, presided over by tho Chief Justice (Sir Bobert Stout) jesterday morning; -..'.• .'. • ' ':■

In tlie case of. Death and others v'. Death and others,-an action alleging breach of trust in.connection with tho disposal of certain lands, there was a summons by. defendant ;to amend the statement of claim in the direction of severance, aiul a further summons to strike out the name of Frederick Charles Death as a defendant. : ■ . Mr. H. D. Bell, -.K.C.,. appeared' for. the defendants in support of the. summons,' while Mr. C. P. Skerrett, K.C., opposed on behalf of the plaintiffs. After hearing legal argument, his Honour reserved decision. CHARC'INC ORDER GRANTED. In the case of William James Gibson, land agent, of Wellington, v. Harry Cole and Daniel ■ Francis Cole, farmers, ' of -Wellington and Levin- respectively, plaintiff moved for aii order charging all'-the interest of- defendants'* in certain land at Levin.' 'l'he claim was for £303 155., alleged to. ; be.due,as com-, mission on the exchange of lands, and the charging order was asked for on the' ground that defendants-'' were making away with their property. Mr: A/Dunn appeared for. the .plaintiff, but there was no .appearance of defendants. '■ His Honour granted the order on* condition that the provisions of Rulo; 320 were set out on the' face'of the order, so that defendants might have leave to move to set aside. ' ADJUDICATED BANKRUPT. Mr. T. Neave. appeared for ■ Easson, Ltd.; timber merchants,' of Wellington, in. support, of a- summonsi for adjudication as bankrupt Thomas Torpy, agent, of Wellington, a debtor; ... There was no .appearance of the debtor, and his' Honour made-tbe order; TRUST FUNDS. An originating' summons for direction, as to the distribution of tius't funds involved aii important point, of law. The question for. the Court' to consider was whether .the words in a will, "the issue of any who may then be dead," should extend to tho illegitimate, infant of a ■deceased.daughter of the testator, so as to give the infant. a third share of £3550, or whether the amount named should be divided into 1 two parts duly, excluding the infant frpm ' 1 Mri P. H. Putnam appeared for the plaintiff in tho action/ Mr: F; Kelly, ofthe'Public Trust Office,-appeared 1 for the Public Trustee; ; while Mr. CI H. Treadwell appealed for the' infant. After hearing counsel, his' Honour, reserved decision.- -V : -