SUPREME COURT.

Globe, Volume VI, Issue 679, 23 August 1876, Page 2

SUPREME COURT.

SITTINGS IN BANCO. TURNER AND OTHERS V WILSON AND ANOTHER. Mr Garrick for the plaintiff Mrs Turner, as guardian of the infant parties to the suit. Mr George Harper for the defendant Wilson (for Mr Joynt). Mr Izard for co-defendant Monk. This case, as will be recollected, was tried at the last Nisi Prius sittings of the Court, and was in the form of a bill to remove the defendant as trustee of the estate, on the ground of improper conduct, in the expenditure of certain monies for his own benefit, After the trial had proceeded some time, the parties to the suit agreed to the following minutes of a decree, to be subsequently settled in banco, viz:—“ Defendant Wilson to retire from trusteeship. Plantation to be conveyed to William Wilson at £2O per acre, say five acres. Wilson to refund estate cost of plantation, with interest upon each item from date of charge at £8 per centum per annum. Wilson to refund cost of grass seed sown on land and run leased at Gillingham, with interest at 8 per cent. Wilson to refund £SO on account of grass seed supplied to Fantham, with interest as above. Wilson to take over Moir’s, Barrett’s, and Walker’s mortgages. Wilson to take over Colonial and National Bank shares, refunding to the estate their cost and interest at above rate, less dividend. Wilson to take back investments in land at

Malvern Hills and New Brighton, refunding purchase money to estate, with interest at above rate, less rents received. Wilson to refund subscriptions to New Brighton road and bridge, and surveyor's fees paid for inspection of land at Malvern. Wilson to take back safe at original cost without interest. Wilson to refund Dnmergue and Place’s advance with interest as above. Wilson to refund discount and commission received by him in the matter of the sale of live stock, with interest as above. Accounts to be referred to Mr Draper, of Christchurch, accountant and (an accountant to be named by Mr Joynt), with liberty to any of the parties to surcharge and falsify the accounts. Disagreement between the accountants to be referred to a third accountant, to be named by themselves before commencement of investigation. Balance appearing due on taking of accounts to be paid by Wilson to the trustee or trustees. Plantation fence to be put in good order by defendant Wilson. Defendant Wilson to pay plaintiff and his co-defend ant’s costs of this suit, as between party and party, including costs of reference to accountants, either party to be at liberty to apply to the Court as they may be advised.” Mr Garrick now came before the Court on a motion that the final decree herein be settled by the Court, and that the same be drawn up in conformity with the draft decree as above.

Mr George Harper, who appeared for Mr Joynt, said that Mr Joynt had instructed him to object to various points in the dacree as drawn up, viz, the appointment of Benjamin Hale as trustee vice Wilson, and the making of annual rests which was not in accordance with the draft decree. The first objection was to that part of the decree that stated that William Wilson should be removed from the trusteeship. His Honor could not allow this objection. It was perfectly plain that the decree was meant to remove the defendant Wilson.

Mr Harper would then object to the inser. tion of the name of Benjamin Hale as the successor of vhe said William Wilson.

His Honor said clearly th ; s must he a matter of mutual agreement. Mr Garrick said he would not press it. All that he wanted was to save expense, but he would be quite willing to allow the appointment of a trustee to go to the Registrar. His Honor said that affidavits of the fitness of the party were before the Court. It was true that the proposed trustee had been objected to on the ground of his being brother to the widow and guardian, but this seemed to the Court to be a strained objection.

Mr Harper said that if the Court were satisfied as to the fitness of the proposed trpstee, he would not press the objection. Order by consent—William Wilson to be removed from trusteeship and Benjamin Hale to be appointed thereto. The decree to be amended as regarded rests. Several other minor alterations having been made in the minutes of decree, the Court ordered that the formal decree be drawn np upon that basis. RE -\VILL OP PHILIP MARTIN, DECEASED, His Honor, on the application of Mr Izard, for Mr Wynn Williams, granted probate herein to Mary Martin, widow of deceased, as executrix of the will. RE THOMAS GREGORY RUPPELL RUSSELL. Mr Garrick applied for an order, under the Debtors and Creditors Act, for fixing time of payment of dual dividend heroin. His Honor made the order, dividend payable after fourteen days’ notice in the Gazette. RE WILL OP ROBERT FERGUSON, DECEASED. Mr George Harper applied for leave to issue probate to Peter Campbell and John Campbell, as executors. His Honor made the order as prayed, THE ESTATE OP W, DE B. COMPTON, Mr Jameson applied for leave to issue a summons calling on the said bankrupt to appear and be examined, pursuant to sections 285 and 289 of the Act. In this case the bankrupt was indebted to the firm of Middleton and McQuade. trading at the Ashburton. The latter firm became bankrupt, and obtained their dual order of

discharge. After getting the order of discharge David Middleton, one of the firm of Middleton and McQaade, purchased the book debts of the estate from the provisional trustee. The bankrupt Compton, who had not discharged any of the debt due by him to the estate, was now in a good position and able to pay debts due by him. His Honor thought this was rather an anomaly. How did the bankrupt purchase the debts ? The money thus expended should have gone to the estate and the debts remained.

After some further discussion, His Honor made an order directing issue of summons calling upon Compton to show cause why he should not pay to Middleton the sum said to be due, summons returnable one week after service. The Court then rose.