Wellington Supreme Court

Feilding Star, Volume X, Issue 145, 13 June 1889, Page 2

Wellington Supreme Court

Tuesday, June 11. (Before his Honor Justice Richmond.) Death v. Boyd. This was a case iv which the plain tiff, Samuel Death, sought for an oider of the Oourt with lespect to a trust. He alleged that his uncle, Charles Death, who died on the lGth of April, 1884, placed in bis hands £ 1 70 tn hold in trust for his (Charles Death's) two sons, Earnest arid Samuel, till they came of age. By will of the 3rd April, however, Charles Death bequeathed all his property to his daughter, Ellen Boul, making her husband, V. ilihtuj Boyd, of Feilding, executor. Mrs Boyd subsequently claimed to be entitled to this money, and the plaintiff asked the Court to declare whether or not she nas entitled to it. The defendants (William and Ellen Boyd and Ernest and Samuel Death, junr.) alleged that the sum received by the plaintiff was £280 10b lOd, and was the property of his aunt Caroline Death, now deceased, which she wished to be divided between Ernest and Samuel Death and Ellen Boyd ; that Ernest Death was now over 20 years of age, aud competent to be entrusted with his share ; and that tho plaintiff had acknowledged Ellen Boyd's claim until recently, and had made an arrangement to pay it to her in April last. Mr Travera was for the plaintiff, and Mr Gully for the defendant. After evidence had been taken, and counsel had addressed the Court, the case was reserved for further consideration in Chamhers. ■___— snao—Bß—O— _o__i