SUPREME COURT

Dominion, Volume 8, Issue 2504, 3 July 1915, Page 13

SUPREME COURT

CASE BEFORE A FULL BENCH 'His Honour Mr. Justice Chapman has delivered the: judgment of tho Court on an interesting .point bf law'in connection with an application for probate referred to the hull Court by His Honour >iMr.' Justice Sim. The application Was made in connection with the estate of the late Major/David Grant, of Timaru, information having been received that lie had been .killed-in. action with tho New Zealand Expeditionary Force. : • - Mr. F. J. Rolleston, of Christchurch, had appeared: in support of the applicationfor / , _ . . > ; : "111, delivering the judgment of the Court, His Honour said: —"As many applications for probate and letters of adlriiliist'Aitioh respecting soldiers' estates aro now .coming' forward," tho Judges have conferred as to tho kind of evidence whicli will be accepted as prorajg doath,on activo service.

"In all ordinary oases Their Honours aro to accept a certificate in i tho form provided. by. the Defence Department,'such'as is put forward on ■this ajiplicatioii, certifying on tho au- : thority of the Adjutant-General that official information has been received at Headquarters \ tho. deceased' has been ..killed :.in : , action, lias . died ,of-' wouiids, ;or.'oiherwise'has died on activo servicp. : ' :_ '. ''It-is sufficient that that information is stated: in the certificate to have been received 'by an official telegram received at this offibe.'' The deceased must bo" satisfaeterily identified by .reference to his record number, and 'bis rank, or other, sufficient -grdof. •• No further,i proof .',will : be : required- of tho authority of the officer signing the certificate, to do so, but the certificate must be "annexed to the ordinary affidavit of 'death. , ; A similar J course was adopted bv His Honour tho'Chief- Justico during the South African AVar. (In the estate bf C. E. Wiggins, Wellington Registry, September, 1900.) - "It is desirablo. that tho applicant should; state any ' other circumstances known-to him such as the receipt af private' advices. Tlie ordinary; affidavit will have to be. modified to suit tho circumstances. : The deponent may stato the facts as' to tho seiyice, ' and the '•death, and add that. ho is able to deposo thereto from having received official ' intiniation of the death from-tho AdiutanirGouoral, of tho New' Zealand Military forces whoso certificate: is annexed. : !' '■■■■ '>- ''The circumstances necessarily : vary, and in.;exceptipnal ca§es special cvidenco may be called for. In the case'of an officer of ,the , Expeditionary Force, the Chief- Justice has accepted' a telegram from the: War Office officially: certifyini;.the'death to the applicant at his London address, and cabled to Now Zealand ■ by his agent, supplemented by private advices,':.- \ (In the ■ estate of G. N.. ' Chapma'n, »vWellingten Registry, June, 1915.) v ■ . -