SUPREME COURT

Dominion, Volume 9, Issue 2639, 9 December 1915, Page 9

SUPREME COURT

A'SALVAGE CLAIM

THE STAR OF CANADA WRECK

In the Supreme Court yesterday, before Mr. Justice Hosking, tho case was continued in which J. J. Niven and Co., Ltd., Napier, are proceeding against the Salvage Association, Ltd., ol London, for remuneration for services rendered in connection with the salvage operations at the Star of Canada wreck, at Gisbomo. Sir John Findlay, K.C., with Mr. D. 11. Hoggard, appeared for the plaintiff company, and Mr. C. P. Skorrett, K.C., with Mr. W. C. Sproule, of Napier, appeared for tho defendant association.

It was announced during the day that the parties had come to an agreement that a valuation of the material remaining in New Zealand should be 'referred to the Registrar, acting in conjunction with a referee. Hearing is boin" continued in regard to the other portion of the claim.

INTERPRETATION OF A WILL. ■ . In the Supremo Court a judgment of the Chief Justice was filed, in the matter of the will of Charles Robert Bidwell, deceased. Tho plaintiffs were William Edward Bidwell and Ernest Tailored Dillon Bell (executors), and the defendants Ida • Isabella Bidwell nnd Charles Robert Bidwell. Tho application, under an originating summons, was for an interpretation of tho will. Under deceased's will his widow was allowed an annuity of £500, and a provision permitted her'- the use of a dwelling-house, with fifty acres of land. .Tho widow agreed with the trustees to forego the uso of about 43 acres. She found,'however, that tho cost of maintaining and repairing tho dwelling and keeping the gardens and orchards in order was very heavy, and sho asked whether tho t.rusteos should not keep the house and gardens in order. The Chief Justice gave his opinion that tho trustees had no power to do so.Tho son, now seventeen years of ago, would become the owner of the property at the age of 21 years. The value of the estato was about.£7o,ooo. and'the son had lived with his mother, only £100 .per year maintenance being allowed.. . In the opinion of His Honour this amount was too small, nnd the widow should bo allowed an extra sum of £350 for the first year, nnd subsequently £250 for keeping the gardens and orchards in order. At the hearing Mr. Gray, K. 0., with Mr. Evans, appeared for the executors; Mr. Skerrntt, K.C., with Mr. Kennedy for Sirs. Bidwell, and Mr. Ynn Ffoast for the son, Charles Robert Pidwe'll.