SUPREME COURT

Dominion, Volume 8, Issue 2570, 18 September 1915, Page 14

SUPREME COURT

WIDOW'S INCOME INCREASED

In the Supremo Court yesterday morning, His Honour the Chief Justice (Sir Robert Stout) heard an originating summons in the matter of the Family Protection Act, 1908, and tlio matter of the nil of the late , John David Heagerfr, farmer, formorly of Greytown. The plaintiff in tlio action was Eliza H. E. Heagerty, widow of the deceased, while the defendants, were Andrew O'Loughlin Considine, settler, of Martinborough, and John Wiltshire Card, solicitor, of Featherston, the executors of the will of tlio deceased.

Mr. C. P. Skerrett, K.C., with him Jlv. F. T. Gere, appeared for Mrs. Heagerty, while Mr. A. A. S. Monteath appeared for the eiooutors. It appeared that tlio testator left estate to the total value of .£24,580, but to his wife he bequeathed only per aniinm and a house allowance during the term of her widowhood, making other provision in the event of her second marriage. The widow, who was over 55 years of age, sought an additional >£150 per annum or such lump sum or annual payment as the Court should think fit to - His Honour made an order granting jCIOO per annum extra, the order to remain in Court for five months to give the absent • beneficiaries an opportunity to object. •

A RESERVED JUDGMENT. His Honour delivered his reserved judgment in an originating summons, which hail been argued on Monday last. The parties to the summons were the Wellington Steam Ferrr Company and the Wellington Doposit, Mortgage, and Building Association, Ltd., and the question for argument was the validity of a power of attorney given by the Ferry Company to tlio Building Association, and whether it good if tho company went into dissolution.. It was contended on behalf of the Ferry Company that Section 101 of tho Property Law. Act, 1908, preserved the validity notwithstanding tho dissolution of the company, because tho power had been given in favour of a purchaser and was in the instrument itself expressed to be irrevocable. At the hearing, Mr. T. Neave appeared for the Ferry Company, while Mr. J. C. Peacock appeared for tho Building Association. His Honour held 1 that the power of attornoy did not remain good now that the company had gone into dissolution, because in tho absence of spocial statutory provision, the attorney could not be agent for something that did not exist. His Honour. mentioned that a new trustee could bo appointed, and the legal estate could then be transferred, but this oould bo done by deed. . • ADMINISTRATION DE BONIS NON. •An unusual petition was before His Honour in the matter of the estato of James Henry Holder, deceased, a New Zealand farmer, who formerly resided at Okoroire, in tho Auckland Province, but who was more recently a resident of Berlin, Germany. He died in Berlin. on January 3, 1913, and left a mil appointing as trustees his wife, who at present resides in Berlin, and ono Edward John Dickin, who died in January last at Te Kuiti. Being unablo to communicate with tho remaining trustee (the wife) on aecount of the present war, the deceased's sister .(Mrs. Roberts, of Puierimu), who was one of the beneficiaries, moved for administration d© bonis nou until the state of war between Germany and England should come to an end. Mr. G. G. G. Watson appeared in support of thti motion, which was granted by, His Honour.

A PROTECTION ORDER. A protection order was. obtained by Mr. H. P. Von Haast yesterday morning-un- 1 der the Aged and Infirm Persons' Protection Act against the estate of ■ a woman who,' it was alleged, made a regular practice, of squandering the periodical payments which accrued to her consequent upon a. lifo interest in her husband's will. The life interest was of the valuo of something like .£220 per annum but this amount did not in the present circumstances appear to meet all _ the woman's expenses, for it was mentioned that sho was recently ten-weeks behind jvith. the rent. ' ' PINAL JUDGMENT. Pinal judgment in the case of the Colonial Co-operative Building Society v. John Crewes was entered up yesterday morning, by His Honour the Chief Justice (Sir Robert Stout) against tic defendant foivi'STO 19s. 6d., and. costs amounting to ,£9B 9s. At the hearing, Mr. R. Kennedy appeared for the society and Mr. A. W. Blair for the defendant. . PRISONERS SENTENCED By Telegraph.—Press Association. Hamilton, September 17.- ' In the Supreme Court, George Phillips, an elderly man, was sentenced to. five years' imprisonment for indeccnt assault on a male; John Johnstone, to eighteen months' for forgery; Marco Parac to six months for forgery. Following the precedent established- by tho Judges in. the higher Courts in England, Mr. Justice Cooper gave Major Northcroft permission to appear in Court in military uniform.