LAW REPORTS

Dominion, Volume 9, Issue 2794, 12 June 1916, Page 9

LAW REPORTS

SUPREME COURT A KNOTTY POINT TRUSTEES AT LAW A knotty point was settled by Mr. Justice Hosting in his judgment on Saturday cm differences arising under the •trustee Act, 1908, between tho trustees in the estate of. the late George Thompson, late of Porirua. One of the trustees, iUr. iUungavm, appealed to ..the Court to determine whether costs incurred by llr. Uncent, a co-trustee, by certain proceedtaken to enforce Mr. Jlungavin to execute an agreement entered into bv Jiungavin and the testator, should be le-.1l y f c f tet -. e r The . testator had leaded a farm to Jlungavin for a period „ n years, expiring on December 1, , oas ® contained a covenant loi compulsory, sale to, and purchase bv Mf U n| V ln ° f the faw fl aud other 'and fid 3 ' pel :. acre ' the tota l purchaso monej aggregating approximately .£SOOO. ileantime Jlungavin assigned, his lease and interest to one Grant. Then Thompson died and by will appointed Jluugavin and Vincent his executors and trustees. AY hen the will was proved Jlungavin had no idea that, he was unuei any obligation to purchase the property, all interest in which he had assigned to Grant. ."Vincent," observed His Honour, "was justified in seeking sepai ate legal assistance in tho matter. u 1 -i a^ e teon ob ™o«s to the testator that if the purchase money were not paid by Jlungavin on the due date a conflict between iiis duty and Ins interest might arise, that tho other trustee at liis own risk might have to see that leatonable and timely steps wore taken to enforce the obligation/'- Grant had endeavoured to completo the iiurchase, and tailed to find the capital he required, and then consulted an inte( cn « solid tor as to whether his cotrustee, Mungavm, should be called upon to iiiul the purchase money. A motion was subsequently filed asliing leave of the Court to proceed-against Jlungavin. His Honour found that the estate should fT costs.in this matter; the coots of tho motion were fixed at io ss„ and disbursements, to be paid by Jluu ga>-iu and Grant. The costs of the summoils; and to Jlungavin e tlte lnC Mr 'V 0 ?° m -° out of tho trust estate. Mi. P. Levi appeared for A ra do'" T! '-R i Mo ? so \ IC " and ltr. Al'r 1) w slando"5 lando " /° r Mimgavin, and D - -laggard for Vinceit

case under defectives act. - Honour Mr, Justice Hosting gave he''SSLr, in tl,e J 1 P'oceedwgs between the Public Trns. t U i' a 'l, exceulor ' of the will of the Into John Ihomas Wren, of the Jilamtift, and Agnes Wren, the widow of lie deceased, and her infant children dependants, ihe salient points of the ease were recently published. His Hon the 111 3 ' /J 0 <leoido wli etlwr or not ™ dense 0 f the testator's share of tho in l i premises of tho partnership he ffie Mle IS the testator s lifetime, ami, in' of'such tb ? Proceeds of -tho Sale lu-tolv in tl l ' 6 t0 tha widow afcovi l f iMi i resi d«ary gift under the was in tl <. to tbe , first l uestion tfi nn ? i lre ' aud to tlle se(, °« d cnat no part of tho'proceeds mentioned TV"™ 1 vritli-ke trusts declared cerhbi 'i Colleer - Jni,s - llis slmro T,¥ ?" d Premises in Tay Street. v J l of tIIG as taxed by -tho Registrar nre to he paid . out of tlm w P ? n nli 11 " 1 l th -° SO ° f '110I 10 Publio Tn,steo \u, o allowed in accordance, witli the regulations of that office. Mr. E P Hnr appeared for the Public Trust, 'and Mr! 11. P. von Haast for the widow. PRISONER SENTENCED. A STRANGE STOEY. Jf.'lVf 0 °. f . K ®'att d -Biciiard.' Ilignett Crtiiio beloro the Supremo Court on Satur«aj. . Hignetf, is a young,man of 2-1. l?or six years prior to his appearing before tin, Lourt ne had worked as a farm labourer in thp Poverty Buy district, and for thu last twelve months of that period lUil been working for his father, who is h, i"™!® 1 '; 'JT , (ii ®- bol ' no - 'i'ha prisoner had enlisted, had passed the doctors, and was dralted into caimi, where very soon he was found to be Physically and mentally unfit to bo a soldier. When asked by ilia Honour Mr. Justice Hosldng the prisoner said his pay-book had 'been laken ironi lum, and that ho bad been discharged without a penny.- Havin» no money, and being hungry, he confessed to having broken into, entered, and stolen paper novels, magazines', cigarettes, a coat, candles, bread, sugar, butter biscuits), cooking utensils, ;v razor, etc from different 'places, at Carterton, iUatarawa, and Wain'gawa, between May f> and 2.1 When arrested by tho Maslerton Police he pleaded guilty, and was remanded to tho Supreme Court at WeiJington for sentence.

'\Vhy did you tako the razor?"-..asked His Honour. The prisoner said he had nothing to slia.v© with. "Hava you ever been before a Magistrate previously ?"-"No," said tho prisoner 'i ve W orked on a farm air my

In going upon this thieving exploit you carried it on for Uireo.-days, and in breaking into a cottage you smashed tho window and did J2 worth of damage, ion do not seem to be a criminal as is commonly understood by that term,''but having committed three distinct thefts after breaking and entering, I camfCt Admit you to probation." His Honour ordered prisoner to bo handed over to the Prisons' Board for twelve months' reformative treatment: and having undertaken to write to the board about the prisoners c;i=t, snid ttio board could let him go before the end of the term if they were so disposed. NAPIER SENTENCES By Telegraph—Press .Ajs-icintion. Napier, June 10. At_thc Supreme Court to-day, Sir .Bobert Stout sentenced Joseph Ford to two years' reformative treatment for thc-ft of a totalisutnr tickcfc. Mohi lloottt wits sentenced to twelve : months' tree-planting for forgery, I'ais:; pretences, and personation 1 .