LAW REPORTS

Dominion, Volume 9, Issue 2509, 12 October 1915, Page 9

LAW REPORTS

COURT OF APPEAL

INTERPRETATION OP A WILL

An originating summons occupied the attention of tho Court of Appeal yesterday morning, when the Boncli was ocoupied'by Their Honours tlio Chief Justice (Sir Robert Stout), Mr. Justice Edwards, and Mr. Justice Chapman. The summons had to do with the will of the late Robert Pharazyn, tlie plaintiff being Godfrey Norn's Pharazyn, of Eastella, near Hastings, and 'the defendants Charles Havward Izard and Edwin George Jellicoe, of Wellington. It appeared that G.'N. Pharazyn, a nephew of deceased, • was desirous of. ■raising certain- money on tlie security of . interest and property to .which he was entitled under tlie will. In order to carry out his intention;' he applied 'to tlie Supreme Court to' define his legal position ais a. .legatee, .'and the matter was removed into the Court of Appeal for argument. . ;■ _ Mr. M. Myers appeared for tho plaintiff, while Mr. E. G. Jellicoe appeared for the trustees and for Mrs. Pharazyn.

'"' After , hearing legal .' argument,' the Court reserved decision. ■

SUPREME COURT

: A' COMMISSION TO HONG KONG.

, Tlireo actions, which, are being brought against tlio Wellington Gas Company bv; the iamilies of the Chinese kilied by ; escaping gas in Wellington in .'April" last, were mentioned by Mr. E. G. Jellicoe iu : the Supreme Court , yesterday before His Honour tlie Chief Justice (Sir Robert Stout). Mr. Jellicoe moved for leave to issue a commission to China to prove the marriage! of deceased and tho birth of cliildre'n. • Mr. T: Neave was present on behalf of tlie Gas Company. _ _

His Honour granted the commission to the' Supreme Court at Hong Kong. All three cases are _set.down for trial here before common juries at the next sittings of the Supreme Court, the claim in each action being £1000. ,