SUPREME COURT

Dominion, Volume 10, Issue 2992, 1 February 1917, Page 9

SUPREME COURT

■ JUDGMENT IN A NELSON CASE. His Honour Mr. Justico Chapman de- - livered reserved judgment yesterday in i - the case in which an originating summons ) had been issued at the instance of the i trustees and executors of the late- Thomas . Cawthron's will, to obtain the determination of tho Court as to whether the executors were bound or authorised, to ' pay two sums of money to the Nelson ' Uity Council in satisfaction of promises : made by tho testator during hie lifetime. 1 The first question stated in the euni- • mons was whether the executors should ! pay out of the estate tho sum of £7312, > as being the estimated cost o? erecting I a. bridge over tho rivor Maitai in Trafalgar Street, in accordance with a plan ,- propared by the City Engineer at deceased's request, and in pursuance of a verbal promise of deceased to provide ' tho cost of erecting such a bridge. Tho second question was whether the > executors should similarly pay out of tho estate the mm. of £M, as being the , cost of forming, grading,, and completins ; tho Queen's Drive upon Britannia [ Heights, in and near the cifr of Nelson, and a bridge over the railway line at , Bishopdale, near the city, in accordance ' with nn arrangement eimilar to that alleged in tho first case. 1 His Honour held that , the executors y had no power to reeognieo the claims, and that the claims were not enforceable..