SUPREME COURT

Dominion, Volume 12, Issue 31, 31 October 1918, Page 3

SUPREME COURT

A WILL CASE UNUSUAL CIRCUMSTANCES In the Supreme Court yesterday His Honour the Chief justice (Sir ltobert Stout) heard too case of William, iMavshiill, of Wellington, retired grocer, v. the i'ublic Trustee. Mr. A. W. Blair appeared {or the plnintitf, and Mr. M. Myers, with him >ir. <-<• Hose, appeared tor tho Public 'irusiee. This was a will cn=e, and in the slaleraeut of claim it was set out that tho Public Trustee hud 'been duly appointed executor of the will of Laura Annie Marshall, wife of the plaintiff. That the eaid Laura Annie- Mnrsnall purported by that will to dispose of various propertics and effects, but with the exception of n property in Washington Avenue, Brooklyn, small personal effects and a small sum of,money, the whole properly and assets belonged to tho plaintiff. All the properties were purchased with plaintiff's money, and were only put in the name of Mrs. MarshaJJ for (onvenience. Plaintiff therefore 'claimed—(l) A declaration that all the properties belonged to and were his property, and were not part of his wife's estate. (2) Such further and other relief as the Court might deem plaintiff entitled to. The allegation that the properties were purchased with plaintiff's moneys and on .his behalf, and were enly put in his vrifo's name for convenience was denied by tho Public Trustee. William. Marshall, the plaintiff, who is 71 years of age, stated in evidence that when he began business in Cuba Street ho had a capital of about JE2OOO, and whon he retired he had about £iaOO. When he married his la'te wife she was at the time in doraestio service, and had no money of her own. ■ He end his wife went to Hobart for a holiday, and while there he lost JESOO through a confidence trick. Later hie wife asked him to buy a house for her, which he did. He was in the habit of giving his money to his wife to keep for him. The houso known as "Austral," at Brooklyn, was bought with his money, but the deed was in his wife's name. She bought properties without consulting him, and whon he taxed her with this she repliod, "It's all right. They aro your properties. I am only investing your money for -you." She never earned any money herself. He had now jaOOO-on. fixed deposit, but the interest on that amount was not sufficient to keep him. His wife died on October 3. After hearing further evidence.and argument of counsel His Honour reserved his decision.

1 CRIMINAL SESSIONS The criminal sessions of the Supreme Court will open on Monday next. Die following is the calendar:Ernest Ncsbitt, alleged failure to aeC °A°fied George JacQues. charged with theft from a dwelling. George Edward Blake, alleged theft. , Benjamin Henry Bright, charge of theft. , ~ ~ Joseph Keyes, charge of theft. William Prince, charge of theft. li-iniiT Mar Allison M'Kenzic and HUda ilartin, charge of abandoning an in j a aisIM'C1M'Cl a tcl.ey, alleged carnal knowleAiflu.r Watson Green, alleged attempt"Dugald M'Callum, alleged carnal know'CSorge' Sullivan, charge of attempted alleged impersonatiou, four charges,