LAW REPORTS

Dominion, Volume 8, Issue 2556, 2 September 1915, Page 9

LAW REPORTS

SUPREME COURT LATE T. G; MACARTHY'S WILL Tit'e will of tho Into T. G. Jl'ncarthy was concerned in mi originating summons, which wns heard by Hi'. Justico noshing in the Supreme - Court yesterday. '.I lio Public Trusteo (ivs executor of tho Into ill'. Mncaiihy's estate) was plaintiff, and the Attorney-General (us representative of the public affected by tl\o f,havities) was defendunt. Mr. C. P. Skerrctt, K.C., and Mr. J. -W. Macd'onald, appeared for the plaintiff, arid Ml'. J. \V. iSalmond (cSoli-citor-Cleuei'al) i'or tho defendant. Jlr. Macarthy died in August, lillS, leaving an estate valued at Half the income goes to his widow during her life, and half to tho T. G. llaca.rlhy Trust for charities in tho Wellington district. Upon tho death of the widow tho wholo . goes to tho trust. .A number of legacies were niado by the. will. _ ' ' Some tiiiio ago the Public Trustee, with the consent of the Public Trust Office Board, and also of tho /'widow, advanced to the estate nwiiey to pay the debb ami death duties, and'also money to erect buildings on all unoccupied lands to riring the lands into profitable occupation. - The will rave the Public .Trustee power to erect buildings and improve the estate; The question: wliifch the Court was asked to decide arose as to the construction to be nlaced on Sections 37 told 38 of the Public Trust Act, 1508, under Wliich tho advances were made—whether they limited the power of the Public Trusteo "fo make advances only for payment of .debts,.'legacies,, or. estate .duties. .The operative words of Section 38. were: "Authorise the Public Trustee "to meet payments required to be hiade on account of the estate whether to the beneficiaries entitled therein, or to a share therein, or otherwise." The section concluded with authority to make advances for payment authorised to be made or required to be inade. Interpretation of the Court was sought as to the construction to be placed on the words "required to be made" —whether; they meant only payments necessarily required to be made, or if they iucluded payments necessary by reason of the exercise of the Public Trustee's. discretion. . ■ ■ The decision of the Court was reserved. . INVEROARGILL CASES. By Telegraph—Press Association. Invercargill, August 31. Sue Fun, a Chinaman, charged' with; iildecently assaulting a girl under ,16 years, at, Tapanui, was found guilty and remanded for sentence. j Norman F. Boyce, 17 years of age, charged with unlawfully and carnally knowing a girl over 12 and under 16 years, was acquitted., ' '