THE APPEAL COURT.

Daily Telegraph (Napier), Issue 3853, 22 November 1883, Page 3

THE APPEAL COURT.

AVellington,

This day

In the Appeal Court yesterday the case of Coleman and Bloomfield was decided. The case was an appeal from a decision given by Mr Justice Gillies at Auckland in July last. The following was the judgment of the Court: —Mr Justice Johnston: I think the judgment of tho Court below should be affirmed. I agree with Mr Justice Gillies that it is quite clear that the wish of the testator was that equal shares should be paid out of the residuary estate to the children of Mrs Bloomfield as they attain the age of 21, but what the effect of the clause relating to Matawhero is may depend on the relation of the parties who are interested under the will when /Mrs Bloomfield dies. I. think it would be a rash and dangerous precedent to give a judicial decision with respect to the claims over the Matawhero estate under a possible or probable combination of circumstances. Mr Justice Richmond: lam of the same opinion. Mr Justice AVilliams : I concur. Appeal dismissed, costs on the higher scale to be taxed by the Registrar at Auckland and paid out of the estate. To-day the argument in the case of Stone v. Atkinson, over the confiscation of the lr>;ii-que Gazelle, was concluded, and their Honors reserved judgment.