INTERESTING WILL CASE.

Gisborne Times, Volume XXV, Issue 2029, 14 March 1907, Page 2

INTERESTING WILL CASE.

The Chief Justice granted administration yesterday morning in the estate of John Frederick Milner, late of Bouton, Mono County, California, to Joseph Burton Ivells, attorney for Edward Briggs Partridge, the administrator appointed by the Superior Court of the County of Mono. The case was an interesting one, and it is stated to be the first of its kind in the colony. In reviewing the case His Honor said that Milner died intestate, leaving a widow and a child. It was not clear how Partridge came to be appointed administrator, but possibly the American law allowed an outsider to be so appointed, or Partridge may have been a relative or a creditor. Partridge appointed Kells his attorney with authority to apply for administration in his own name or in that of Partridge. The rule, His Honor said, was that even the next-of-kin could not nominate a stranger to take administration for them, and he quoted authorities to show that the proper course would bo for the persons entitled to take administration to nominate a person to act. In the present case, however* there was no evidence before the Court as to how Mr Partridge became entitled, and the rule that had been laid down in New Zealand Courts was that the person entitled to administer the estate of a foreigner in his own domicile would bo entitled to _ nomiiiat<?_a. -person to"act'as administrator abroad. His Honor quoted a number of - authorities on the question. He finally decided to grant administration, holding that this might he done as the estate was a small one and the attorney (Kells) would have to give bonds for its due administration.

Mr Stock appeared in support o the application.