A CURIOUS CASE.

Globe, Volume XXIII, Issue 2163, 31 January 1881, Page 3

A CURIOUS CASE.

Yesterday afternoon (says the " Post" of Thursday, 27th instant) a case of some interest—Had field v tho Public Trustee was argued in banco before their Honors tho Chief Justice and Mr Justice Bichmond. Mr Gordon Allan appeared for the administratrix, and Mr Stafford for the PublioTruste? and the infant daughter. The facts are as follows :—Bome years ago Mr Hadfield died, leaving an insurance policy for £IOOO in favor of his two children —a son and daughter. Subsequently a Judge of the Supremo Court made a decree ordering the £IOOO to be spent in re-building the Rojal Hotel, of which tho deceased had beon proprietor. With regard to the daughter's half of this sum, it, was decreed that a mortgage should be made OTer the property by way of security. No such provision was mado as regards the son's half, it being assumed that he was entitled to tho property itself and that the money was Deing spent on hh own land. By the will, however, it appeared that ho was not entitled until acquiring his twenty first yoar, and as he died before that age, the £SOO, if not convartod into reality, would pass to his next of kin. The present I application was to declare the property upon 1 -which the money was spent charged with

£SOO. After argument, the Court decreed that, notwithstanding the £SOO having been spent on the hotel, it remai ei personalty ; that the Publio Trustee be decreed to exeoute the charge in favour of the administratrix of the estate of the infant for that sum, and that he should raise the sum of £77 10a, the debt for funeral expenses and medical attendance on the infant, and the sum of £2ll ss, being the one-half of the balanoe of the £SOO, the daughter being entitled to that moiety ; the cost to be paid out of the general estate of Charles Hadfield, deceased.