SUPREME COURT

Dominion, Volume 11, Issue 260, 22 July 1918, Page 6

SUPREME COURT

A WILL CASE. At the Supreme Court in Chambers on 'Saturday morning; His Honour Mr. Justice Chapman heard legal argument in ■an originating summons under the Family Protection Act and the Judicature Act, 1908, in the matter of the estate of the Into William Joseph Saunders, formerly of Alfredton, near Eketaliuna, farmer. The case was involved, as the deceased had married twice and the plaintiffs wero the widow, some of the children of the first marriage, and all of the children of the seconu marriage, while the defendants were the two eldest sons of the first marriage as trustees in the estate of the deceased. The plaintiffs were represented by Mr. H. E. Evans, Mr. T. Neave, and • Mr. Page, of Eketahuha, and Mr. J. A. Tripe represented the defendants. It iva3 announced to the Court that a settlement had been arrived nt, and His Honour was asked to make an order in the terms of the agreement reached between the parties. In the courio of his remarks, Mr. Neavo said that the settlement constituted a generous offer by the trustees, and this was "substantiated. Mr. Tripe also concurred in the arrangement for tho disposition of the funds, and he also paid a tribute to the generosity and extreme kindness of the trustees, the defendants in the case, whose sole anxiety was not only to bo fair but to be generous also, the reason being that deceased made his will twelve years beforo he died, when he was not in quite so good a financial position as.at the time of his death. Tho trustees recognised that the will would liavo been different had the deceased known what his financial position was likely to he at the time of his death, and left 'the matter of arranging generous: settlement in the hands of tlieir counsel.' Mr. Tripe added that instead of ,£IS,OC(V the trustees (defendants) were really giving £21,000, and this was all the morq comineinlablo when it was known that] one of them wa? a married man with, eight children and the other a marneit man with two children.

His Honour expressed his, pleasiu'O tliiit in a family matter which mulit havo presented quite a deal of difficulty so reasonable and successful a settlement luid been reached It was no doubt a generous concession 011 the part of tAe trustees, the owners of the residuary estate. His Honour made tlm orl.ler sought.