SUPREME COURT

Dominion, Volume 10, Issue 2894, 5 October 1916, Page 9

SUPREME COURT

INTERESTING LAW POINT Mr. Justice Edwards had before him in the Supreme Court yesterday a case which raised for the first time a point regarding the distribution of the estate of a deceased illegitimate. The Public IVusteo, as administrator of the estate, brought the matter before the Court. The deceased person died intestate, and unmarried, and' Section 50 of ttio Administration Act provides ' that .the mother of tho deceased is solely entitled to'the estate, and if she is dead, then her next-of-kin. Tho mothor in this case predeceased the intestate. She was Mover married, ;but had two children other 1 than the : . intestate.' The question submitted for determination was -whether these two children were entitled to the estate of the intestate as coming within the category of next, of-kin of the mother. Their claim was based on Section 52 of the Administration Act, which provides that where, any woman dies'intestate, leaving no husband or legitimate, children or other issue, such illegitimate children and their issue shall succeed to her estate in all respects as if such children were legitimate. It was claimed on behalf of the illegitimate children that the effect of Section. 52 .was to constitute them next-of-kin of their mother, so as to entitle them to the estate. Against this view it was contended that Section 52 was restricted to the distribution of tho mother's estate, that it did not alter the general law which provided who were the liext-of-ldn of a person under the statute of distributions." Sir John Findlay, K.C.. with him Mr. T." Neave, appeared: for the illegitimate claimants, and Mr. J. -W. Macdonald for the Public Trustee, who had' been directed by the Court to represont the interests of the mother's . next-of-kin apart from the illegitimate claimants. ■' His Honour reserved his decision.