LAW REPORTS

Dominion, Volume 8, Issue 2336, 18 December 1914, Page 7

LAW REPORTS

SUPREME COURT LAND IN THE NGAHAURANGA GORGE • Reserved decision wae delivered in the Supreme Court yesterday by His Honour the Chief Justice (Sir Robert Stout) in the civil action, F. H. Futter v. C. J. Futter and W. C. Futter, a claim for epecific performance. The oase involves the partition of certain property in the Ngahauranga Gorge, left by the late John Futter to the three litigants, who are his sons. At tho hearing Mr. A. Gray, li.C, with him Mr. E. J. Fitzgibbon, appeared for the plaintiff, Mr. 0. N. Beere for W. O. i'utter, and Mr. A. W. Blair for O. J. Futter. His Honour neld that the defendants mut>t assign to the plaintiff the land he claimed and must pay his costs on the lowest scale, with fee for second counsel, witnesses' expeneee and disbursements. A.s the defendant, W. C. Futter, was willing to assign, and in fact signed the necessary documents, the other defendant (0. J. Futter) was ordered to pay costs of W. C. Futter. A WILL CASE. In the oase of the Public Trustee v. Robert Young, in which the Court had been asked to interpret tbe will of a deceased farmer, named William Fergusson, Hie Honour the Chief Justice ruled against the defendant. The will stated inter alia: "Secondly, I give and beqiiflath one-fourth part ot my ■ money to my sister Janet. Fergusson (or Young) andito her heirs and assignees." There was nothing in the will to aid in the construction of these words, and athe question for the Court was whether Robert Young (a eon of Janefc Young) had any interest under the will. The difficulty arose particularly over tie uso of the word "and" between "heirs" und '.'assignees." His Honour was of opinion that Robert Young'took no interest and that the share bequeathed to Janet Fergusson lapsed aud went to the next of kin of the testator. An order was made that the costs of the summons should be paid out of the estate. At the hearing, Mr. F. Kelly, of the Publio Trust Oihco, appeared for tho Public Trustee, while' Mr. P. Lovi appeared for the.defendant.

A POSITION ON THE "RAILWAY REVIEW." Had the Executive Council of the Amalgamated Society of Railway Servants power to appoint the general secretary of the society to the ■ position of manager of the "Railway Review," at a salary of £80 por annum? This was briefly the question, raised by an originating summons, in which tho plaintiffs were William Wells and M. J. Lee, of the Thorndon branch, A.S.R.S., and the defendants the Executive Council of the Amalgamated Society of Railwnv Servants The case bad been partly beard last month, and it was concluded yesterday before ills Honour luc Justice (Sir Robert Stout), Mr. T. C. A. Hislop appearing for the plaintiffs, and Mr. M. Myers for tho defendants. Ris Honour, without calling on defendant'e counsol, expressed tho opinion that the Executive Council of tho society had power to adopt the course it had taken, and for that reason ho would give costs againet the plaintiffs. The matter was, however, not one for the Supreme Court, and it was' olear that the plaintiff a must go to the Triennial Conference to ascertain the positlcm. ...

AN APPEAL. Yesterday efternoon, His Honour the Chief Justioe (Sir Robert Stout) heard an appeal from a decision of Mr. W.. G. Riddell, S.M., delivered on October 20 last in tho caeo in which William Kingston Oonnell and John Connoll (in their own right- and ae assignees, of Margaret M'lntosh) proceeded againet John Brodie for recovery of a deposit of £100 OD a lease of the Royal Tiger Hotel, together with £5 interest upon the same. " The Magistrate had given judgment for • plaintiffs for £100, with court costs £2 and 'solicitor's fee £6, and' this deoision was now appealed from. Mr. D. M. Findlay appeared for the appellant, while Mr. T. C. A. Hislop -appeared for tho respondents. After hearing legal, argument, His Honour reserved decision. In the civil action, W. E. Timmings v. Bolton and Organ, commenced in Wollington oa Wednesday, the amount of the claim was amended from the original amount of £1000 to £500. ' UNDEFENDED DIVORCE In the undefended divorce ease, Henry G Smith (Mr. A. H. Hindmarsh) v. Ada Smith, a deoreo nisi was granted by His Honour the Chief Justico (Sir Robert Stout). Misconduct was tho ground of the petition. No order as to costs was made.