SUPREME COURT

Dominion, Volume 9, Issue 2832, 25 July 1916, Page 9

SUPREME COURT

THE MEANING OF A WILL In the Supreme Coorfc yesterday, Mr. Justice Stringer gave decision in the matter of an originating summons instituted fotthe purpose of determining the true construction of the will of Mary W. D. Wilson, late of Napier. Mrs. Wilson's will provides: "I bequeath all my real and personal property to my son. James Alfred Wilson,'my daughter! Isabella Or. E. AVilson, 'and my father, Chas. B. Thompson, to be used in equal shares for their sole benefit during, each of their life times, or until such moneys or interests are expended." It was contended at tho hearing that tho will -was susceptible of four meanings. Extracts from His Honour's judgment convey the decision t—"l do not think tho words give the shares- absolutely,• but merely give a life interest, and confer a power to resort to the capital if required. Moreover, to hold that the words amounted to an absolute gift would give no effect whatever to the words 'during each of their life times.'"

. ROAD TRAFFIC REGULATION. Mr. Justice Stringer' allowed the appeal of the. Hutt Borough Council in the action taken against Leonard Gloake, oarrier and motor-wagon proprietor. In tho Lower Court the Corporation had sought ..to prevent Cloake from running heavy traffic over tho roads, but the Magistrate decided in favour of Cloake. on the ground that a "vehicle license" covered heavy traffic. The Corporation appealed against the decision, and' in deciding the appeal His Honour said that "heavy traffic" licenses were recognised as distinct from ordinary "vehicle licenses." PRISONERS DEALT WITH. The Chief Justice Sir Robert Stout dealt with several prisoners who were before the Supremo Court yesterday morning. Geo. Cooke and Philip Kissell appeared respecting four charges of breaking and entering and theft at Hastings and Palmerston North. Mr. H. F. O'Leary, pleading for Cooke, said, that the prisoner had not been'- in trouble before meeting Kissell. His Honour ordered Cooke to appear for sentence, when called on; and sentenced Kissell to four months' imprisonment, and declared hini to be an habitual criminal.

James Baldwin and William Thos. Newman were brought forward on n charge of breaking and entering and theft at Carterton. Baldwin was ordered three years' reformative treatment, and Newman could not be dealt with owiiis to a defect in the procedure in the Lower Court.