LAW REPORTS

Dominion, Volume 8, Issue 2411, 17 March 1915, Page 9

LAW REPORTS

SUPREME COURT WILL CASE BEFORE A SPECIAL JURY 'A conclusion was reached in the Supremo Court yesterday in the proceedings brought under Section 28 of the Administration Act, and heard boforo His Honour Mr. Justice Chapman and a special jury. of twelve, in connection with the granting of probate of the will of the late 'lliomas Francis Walsh, farmer, of Hurleyville, Taranaki. The plaintiffs in the action were: Thomas Walsh, farmer, of Kapuni; James Walsh, farmer, of Stratford; John Walsh, farmer, of Lyre, Farranfore, County Kerry; and Timothy Walsh, farmer, of Loughnagore, Farranfare, County Kerry. The defendants were: Julia. Courtney, widow, of Ballyhar, Aglish, County Kerry; Margaret Sullivan, married woman, of Ballyhar; Patrick Courtney, farmer, of Aglish, County Kerry; Julia Fitzgerald, married woman, of Te Aroha; Bridget O'Rourko, married woman, of Otaki; and Nellie Brosnahan, married woman, of Gisborne. Mr. C. B. Morison, K.C., with him Mr. R. A. D. Welsh, of Hawera, appeared for "the plaintiffs, Who are the paternal uncles of the deceased and beneficiaries under the will. Sir John Findlay, K.C., with him Mr. J. L. Stout, appeared for the defendants, the first of whom (Julia Courtenay) is the maternal grandmother of the deceased, the other defendants being the maternal aunts and maternal uncles of the deceased. > From the statement of the facts it appeared that the deceased' was taken ill at-his farm and died in a motorcar on the way to New Plymouth Hospital on February 25, 1913. He left property and cash to the value of £8454, less liabilities estimated at £450. The will, on which the application was based, Was dated on the day of the death and attested by the mark of the deceased, and it was challenged by the defendants, who asked the Court to rule that the deceased (Thomas Francis Walsh) died intestate. The jury's verdict was in favour of tho plaintiffs, and probate of the will will accordingly bo granted. The costs of all parties are to he paid out of the estate.

A FAMILY AFFAIR.

An action arising out of a family dispute of long standing was commenced before His Honour Mr, Justice Stringer on Monday and concluded yesterday afternoon. The plaintiffs were William and Richard Bevan,. while the defendants were George and Robert Bevan, 'all being members of the Bovan family, of Manukau. Mr. T. M. Wilford appeared for th« plaintiffs, the defendants being represented b.v Mr. H. D. Bell, K.C., with him Mr. W. Perry. The proceedings were directed to . set aside an agreement, made on March 28, 1913, whereby a number of matters in dispute among members of the family wore settled. After hearing evidence and legal argument, His Honour reserved decision.

YOUTH SENTENCED.

REFORMATIVE TREATMENT. The youth, Patrick Lee, who appeared before His Honour Mr. Justice Chapman . for -sentence on Saturtiay, and who was remanded in order that His Honour might give further consideration to his case, was dealt with yesterday morning. Lee had pleaded guilty to three charges of breaking, entering and theft in the Wairarapa, and to two further charges of theft. One. of tho theft oharges was that of stealing a horse and a horse-cover, valued at £50,_ the property of a Mr. Watson'. His Honour said he had carefully considered the case and was going to pass a sentence not merely with the object of inflicting punishment, but to endeavour to reclaim Lee from liis criminal habits, to give him a, fresh start in life, and to induce him to try. and earn an honest living. It was, however, impossible to overlook the fact that the offences had been committed at different times, showing that on three separate occasions he had formed a criminal design and carried it out. The prisoner's uncle had very kindly premised to look after him and send him to work. His Honour proposed to sentence Lee to reformative treatment and send a report to the Prisons Board and no doubt prisoner would soon be released on probation. On the charge relating to Mr. Watsou's horse, a sentence of two years' reformative treatment was imposed, and on t'he other charges Lee was ordered to come up for sentence when called upon.