COURT OF APPEAL

Dominion, Volume 8, Issue 2297, 3 November 1914, Page 9

COURT OF APPEAL

A WANGANUI WILL CASE - A phase of .litigation extending as • far ; back as 1682 settled • by the Court of Appeal. yesterday,. .when reserved decision was givon 111 the case of ■■ John M.'Gregor, farmer, of Wanganui, v. John Boyd M'Gregor, farmer, of Cherryi Bank, and others—an'appeal : from a decision' of iMr. Justice Sim, delivered at Wellington on April 25 last, upon issues stated in- pursuance of the decree made for the taking of: accounts in an action brought by tlio respondents (plaintiffs m the Court. below} against tho appellant (defendant m the Court below). • , Young appeared: for the apeljwit, while Mr.i H. D. Bell, K;O., with him. Mr. W. 3.- Treadwell, of Wanganui, appeared for the respondents. • The case, .which is a .very, complicated one, aroso out'of tho will of one John M'Gregor ( : \vho (Jjed m: 1,882, and out of a: compromise' effected', in 1883 between the {parties .interested; •m The decision-of tho Court in the latest phase was vthgit John M'Gregor ,hnd /.bought • the interest of Donald M'Gregor in the Island Estate as ; ; that,, he was ;not to" any consideration for the benefit given up by : him to "effect tbe comprothat accounts -should be. talcen mth.simple interest at B'per cent. 1 instead of '6 percent., and.-jthat j .theS decree, bo' varied fa '-.that. extent. Costs ,on the middle" fiSdle' Sllowed ; 'ais ' from a distance. : i • ''