SUPREME COURT

Dominion, Volume 9, Issue 2824, 15 July 1916, Page 14

SUPREME COURT

IfOTOE-CAR. AGENCY AST) CLAIM l'Oll DAMAGES. The further . hearing of evidence in thecase of L. F. Wallis, Lid., of "Wellington, a claim of <£f!S7S from tho Dominion Motor \' chicle.-), Ltd. (C-. B. Norwood, managing director), for alleged breach of conti'act, was continued before His Honour the Chief Justice, Sir Kobert Stout, at the Supreme Court yesterday. TJie case occupied all day, and tlie whole of the evidence was "directed to show how much the plaintiffs had lost and been inconvenienced through the repudiation of the original contract, which appointed plaintiffs ngents for Marlborough, Nelson, and Wellington districts, with a view to establishing damages. The evidence of 6. It. Mackenzie was concluded in tho morning, and that of John Mid wood and Henry .Leicester was heard after lunch. The evidence of Mr. John Low, manager of the Ford Motor Company (Colonial Company), was also taken. His sales, lie said, of Ford cars wero about IiOO in 1914, about 1700 in 1015, and G57 so far this year. The reason for tho failing-off this yonr was the stoppage of supplies and the increased price of the cars.

The case will be resumed at 10.30 this morning.

MASTERTON WILL CASE. At tlie Supreme Court yesterday morning,. Mr. Justico Fdwards heard argument of counsel concerning the interpretation of a clause in the will of the late John Wray, settler, ol' Masterton. t Tho testator gave one of tho beucficiarics a piece of land of fifty acres in extent, and described it as beiu'g enclosed by certain boundaries. Three of the boundaries wero made cle.'U' under the will, but the fourth, boundary was left in doubt, the testator stating that it was by a line from the straining post on tho south-west corner of the land to a straining post on the northern boundary. The only actual straining posts to which the testator in his will could have referred would, by a lino drawn between them to connect the other boundaries of tho land, enclose 57 acres, and the question w<is whether the area intended, to be granted was fifty or fiftvseven acres. . After hearinc argument from Mr. D. M. Findlay, who appeared for the residuary legatees, Mr. Maunsell, of Masterton, for the trustees, and Mr. P. H. Putnam, for the legatee of tho 50 acres, Mr. Justice Edwards reserved judgment. DAIRYING COMPANY . IN LIQUIDATION. A. peculiar case concerning the operations of a Wanganui dairying company was argued before Sir. Justice Edwards at the Supreme Court yesterday. The Wanganui Co-operative Dairy Factory Co., Ltd., Westinerc, "Wauganui, had entered into contracts with some two hundred suppliers to take their cream and turn it into butter and cheese fit for Kile or export, deducting one penny per lb. for the butter nianuiactured and the proceeds of 131b. of butter in respect of »ach 1001b. of butter-vat supplied, aud for cheese manufactured a deduction of ■me penny per lb. While this arrangement was in operation, the company found it necessary to obtain an overdraft from tho Union Bank of Australia, to secure which it issued a debenture •'.barging as security all the assets and goodwill of the company. Subsequently tho debenture felT into tho harnri of Harry Edward ('ooU, who took possession. The suppliers became dissatished, 'ind one William Jnines Jt. Bruce, Acting for himself and others, brought' an action against H. 13. Good for the production of accounts, am! such satisfaction as the Court might direct. "Tho right of the defendant to convert tho assets of the company to his own uso was disputed, as well as his right to take possession of all tho butter and cheese manufactured by tho company from the plaintiffs* and other suppliers' cream. Tho case was argued ot lenulh l>y Mr. C. 13. Morison, K.C., and with him Mr. fj. P. Brown, of Wanganui, for tho plaintiff, and by Mr. W. J. Tree,dwell, of Wangnnui, for the defendant. . His Honour, Mr. Justico Edwards, re•lerved his decision. UNRAVELLING A HOME-MADE WILL. Mr. Justico Stringer wa3 occupied yesterday in hearing an originating summons issued by the Public Trustee, asking the Court to interpret a short homemade will, which, for its size, bristled with as many legal difficulties and obstacles as. say, a 'l'rones Wood. Tho testatrix, Mary Watson Deveny Wilson, of Napier, widow, had expressed horse] I in the following terms;—"l give, devise and bequeath all my real and personal property of whatever description, and wheresoever situate, to my son, James Alfred Wilson, to my daughter, .Isabelle Gertrude Eve Wilson, and to my father, Charles Edmond Thompson, to be used in- equal shares for their sole benefit during each of their lifetimes ot- until such moneys oi' interests are expended. In the event of the decease of any ol the beforemcntioned persons, the residue of tho estate to accrue to each or any survivor of the beforcmentioned. In tho ovent of the decease of all the above-

mentioned, 1 hereby Rive and bequeath tlio then residue to my brother, '1110111116 John Thomson." 13,y lior will tile tcs-, tatrii appointed Alexander E. Eagletoni her sole executor, but by a codicil sliR f revoked this appointment and appointed] the Public Trustee trustee and executor.Tho testatrix died on February 11, 1903. Her father, Charles Edmond Thompson, died on July IS, 1003, intestate and penniless. , Mr. E. P. Hav appeared for the I'liblie Trustee and "for J. A. K. Wilson and I. G. E. AViU.oli, Ihe children of the testatrix, Mr. von Haast for Uosanno Te'lfer, the administratrix of the estate of the brother of the testatrix, Thomas John Thompson, who died 011 February S, 1910, intestate; Mr. Jt Kennedy for Charles Edmund Thompson, n brother of the testatrix.

The chief problems that arose for discussion were ths following:— Did the testatrix's children and father take an absolute vested interest, either 11 tenants in common, or as joint tenants ?

Did they take life interests either as tenants in common or joint tenants wiib n right to enjoy the capital in specietake and spend as much money as thej chose in equal shares—and a gift over in the survivors oF them, of what (hey did not expend, with a final gift to T. ,T. Thompson of the unexpended balance (if any) left on the death of all three?

His Honour Mr. Justice Stringer intimated that he would take time to consider the points raised.