COURT OF APPEAL

Dominion, Volume 8, Issue 2279, 13 October 1914, Page 9

COURT OF APPEAL

WANGANUI WILL CASE THIRTY YEARS OF LITIGATION r A! phase of litigation extending as far back as 1882 was before the Court of Appeal yesterday, -when the Bench was occupied by the Chief Justice (Sir Robert Stent), Mr. Justice Denniston, and Mr. Justice Edwards. Tho caso was that of Jolm M'Gregor, farmer, of Wanganui, v. John Boyd M'Gregor, farmer, or Cherry Bank, and others — an appeal from a decision of Mr. Justice Sim, delivered at Wellington on April 25 last, upon issues stated ; n pursuance of the decree made for the taking of accounts in an action brought by the respondents (plaintiffs in the Coiirt below) against tho appellant (defendant in tlie Court bolow). Mr. T. Young appeared for tlie appellant, while Mr. H. D. Bell, K C, with him Mr. W. J. Treatlwell, of Wanganui, appeared for the respondents. John M'Gregor (the elder) died on October 10, 1882, and left a widow (Isabella M'Gregor) but no children. His next of kin were Daniel M'Gregor and A.. J. M'Gregor (half-brothers), and John Dall M'Gregor. (the eon of a deceased half-brother). The deceased (John M'Gregor) had- been _ separated from his wife, and he assigned his estate to Christina Boyd (referred' to as his adopted daughter), and .also left a will in her favour dated 1882. Christina Boyd subsequently :narried John M'Gregor, who ; s the present appellant but who is no relation to the deceased John. M'Gregor (the elder). Tne will of' 1882 was disputed on the ground that testator was . not competent .to make a will at the time, and Daniel M'Gregor commenced an action to set aside the assignment in favour of Christina Boyd. A result of the proceedings was that a compromise was arrived at in 1883, and this compromise is the subject of further litigation now being carried on by the second generation. In therecent action for the taking of accounts, Mr, Justice Sim held, inter alia, that the defendant, John M'Gregor (now appellant), took the benefits received by him under,the compromise as a trustee for the beneficiaries. Certain directions in His Honour's decision were appealed against on the ground that they were erroneous in law and fact.' Legal argument occupied.the Court until 4 p.m., when their Honours reserved decision.