COURT OF APPEAL

Dominion, Volume 10, Issue 3061, 24 April 1917, Page 11

COURT OF APPEAL

A WILL CASE 'Argument was heard by the Court of Appeal upon an application (removed from tho Supremo Court) for a deciiratory judgment regarding tho will of the late Honourable William Barnard lthodes. The Chief Justice (Sir Robert Stout) presided, and Sir Johu Denriiston and Mr. Justice, Cooper also were on the bench. The trustees of tho will askeu" tne following' questions' arising out of its construction :— (1) Did each child of Mary Ann Mosihouse (daughter of the testator) take a vested interest in the residuary estate of tho testator subject, to. tho life' interest of their mother, on attaining' twenty-one years,of ager (2) Is such interest, if vested, liable to lie. divested., if . any such child should have died, or should hereafter die in tho lifetime of the said Mary Ann Moorhouse? The following counsel were engaged id tho case:-—Mr. A. H. Hadfield, for the trustees; Mr. J. C. Peacock, for the children of Mary Ann Moorhouse; Mr. C.-'P. Skerrett, K.C., with' him Mr. H. Buddie, for Linda B. Khodcs Moorhouse; Sir Francis 8011, K.C., with him Mr! T. P. Martin, for A. E. G. Rhodes and ,all others interested in tho residuary estate." • At outset, Mr. Hadfield moecd to have certain further questions added to those before the Court, but the point was held over. The..case was not concluded when tho Court adjourned. THE UNIVERSITY ACT. . The Full Court heard argument in tho case University of New Zealand v.. the Solicitor-General, an application for a declaratory judgment upon the construction of the 1 New-Zealand University Act, 1908, and particularly Section sof the Amending Act, 1914. His Honour Sir John Denniston presided, and with him their-Honours Mr. Justice Cooper'and Mr.' Justice Chapman were associated. . -Tho questions of law for decision affected the mode of procedure of the Board of Studios arid the Senate in their negotiations with each other in regard to proposed legation. Mr. C. P. Skerrett,;' K.C., and Mr. B.'F. von Haast appeared., for the University. Mr. J. W. Salmond appeared in : his own behalf. Tho Court reserved its decision.,