SUPREME COURT.

Globe, Volume VI, Issue 682, 26 August 1876, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS.

Friday, August 25. [Before his Honor Mr Justice Johnston.] RE DEBTORS AND CREDITORS ACT AND RE WM, PBNSON. Mi H. N. Nalder applied for an order calling the bankrupt to show cause why an order should not issue to Frederick Trent or some other persons to call a meeting of creditors in the estate. A summons had been issued to cause Fenson to attend, but he did not appear. Mr H. N. Nalder produced affidavits that bankrupt was out of the province. His Honor granted a rule calling on the bankrupt, as asked, returnable next Chamber day, BE MAURICE BENJAMIN AND OTHERS. Mr Thomas applied for an order approving of a certain lease in the estate of the infants who were under the guardianship of the applicant. The father of the infants died, leaving a son and two daughters, and the property was devised to the son, who, however, also died. The sisters now applied as co-heiresses of the sen. His Honor pointed out that the son, having died since the new Act came into force, the estate vested in his representatives, and from what he could see of the case there was no one at all who had any title. There had been been no administration, hence no one was entitled. They could not come to the Court at all to interfere at present, as, owing to no steps being taken, there was not any one entitled to deal with the property. No order, the property not having been administered by the person entitled. Subsequently His Honor reconsidered the matter, and made an order granting the application subject to the required notices being gazetted.