SUPREME COURT

Dominion, Volume 8, Issue 2576, 25 September 1915, Page 14

SUPREME COURT

■■ Vl » r~ ■ QUESTIONS ARISING UNDER A WILL

§ Intlfe Supremo Court yesterday afternoon, before His Honour'the Chief Justice (Sir Eobert Stout), proceedings were taken to detormine questions arising Tinder tho will of the late Eobert Cockburn, of Masterton. Tho deceased provided; by, his "will that after the payment of certain.legacies and annuities the estate 6hould be held in trust by trustees as fol- [ lows:—One-third.for the children of Alexander .'Cockbiiirn;' one-third. for the children. of James Cockburn; and one-third fortius niece.(Katherino Smith) and her children. ,In tho judgment given on August G, 1913, m a previous action, it was held that tho children of Alexander Cockburn were entitled to receive from tho trustees, their .share when' the., moneys were available from, the realisation of the ...estate; -.;■ The . children of James Cockburn flow'applied' to tho'Court :for a similar order. The principal question to be determihed-' by- -the ; Court, was: . Whether, if such an order were made, the children of .Alexander Cockburn wero entitled to receiVe their share' in. priority to the children of Jame3 Cockburn, .or whether botli families' were ~ entitled ~, to ' share . pari passu ?■ •; A futther• question arising was: Whether the children of James. Cockburn were , entitled to an order at all /'at the, present ..time,.-, or' whether they, .were. com-, polled, to wait until .all the children of ■ the said James .Cockburn - attained the age of 21 years Application was also made to'the Court for directions for: the guid- ' kneo of tbo trustees in! the general admin- . istration of tlio estate. ; ; . • ' .. . Mr. ; M:v Myers .appeared fori the -trus-' . tees: v The ' children ' of; JamesCockburn were represented by" Mr. . J;' Graham, of Feilding,- and Mr.- F. F., Haggitt, of Feilding Counsel for' the children of Alexander Cockburn was Mr. T. Neavc. . ... • Decision on tho • different questions was reserved. . ■ . .. .

' . SPECIAL JURY ASKED FOR. : In the Supreme Court' yesterday -morning, boforo-His Honour Mr. Justice Chapman, application was made foT a special jury, in. tho Napier.; case of.;Wm. Bennett v.-the Hawke's Bay -Farmers'; Meat Company.: Mr.:. E. ; ;FJ'.'Hadfield .appeared- for the defendants in support of"the application,: ,w"hich'..^was opposed, by. .Mr.. P.: J. .O'Regan on behklf. of-the plaintiff; :- : : : .-.'After, hearing■•'.legal-argument,; His Honour Teservea decision.