SUPREME COURT.

Globe, Volume XXIII, Issue 2297, 13 August 1881, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS. Feidat, August 12. [Before His Honor Mr Justice Johnston.] His Honor met in the Court Chambers at 11 a.m., and disposed of the following oases : PBOBATKS. Probates wore granted in the cases of W. Stewart Young, deceased (Hr Joyce) ; John Saywell (Mr Harper) ; Thomas Deal (Mr Fereday) ; John Broitmeycr (Mr Haider). BE ASBEBW MAHER. Mr Slater applied for a summons calling on Andrew Maher to show cause why he should not be adjudged a bankrupt. This was a petition of a judgment creditor. His Honor made an order granting the summons; cause to be shown on 22nd August. LAND TEANSTBB ACT AND XBASE MCLAUGHLIN TO EOLXINSON. On the application of Mr Qresson, his Honor made the rule herein absolute, for possession of the land by the mortgagee, CBEDITOBS* TEUSTBES OP W. P. ». BOBINSON V W. BOBINSON. In this case Mr Button applied for an order to take accounts herein. Mr Joynt consented, and his Honor made tho order. BE P, Q. GABEAED, DECEASED. Mr Joynt mentioned this case, which had stood over to enable him to bring authorities as to the tenor of the will, which was somewhat peculiarly worded, being a document describing what the testator wished to be done with certain property in case of his death. His Honor said he was rather of opinion that the document was not a will in the strict sense of the word, as pointing out a testamentary disposition on the part of the testator. The next of kin were, he would point out, deprived of this property. There was, he also would desire to call attention, not any evidence that the next of kin were aware of the death of the testator, or, if so, that he had made any will. Mr Joynt said he was prepared to show by affidavit that the testator intended to make this will a testamentary one. He desired now to quote authorities to show that the will as propounded was a testamentary document. [Cited in support Jarman on Wills, Cock v Cook ; Bergin v Vincent, 2 Yesey, junior, 232.] His Honor said perhaps the words were sufficient as a testamentary document, but the question arose was there sufficient clearness of expression as to the ultimate disposition of the property, whether on trust or vesting it absolutely in the applicant. After some further argument His Honor said he would grant letters of administration with will annexed to Kinsey, sureties would have to bo provided. Mr Joynt said this should be done, and he would mention the matter at next Chamber day. SITTINGS IN BANCO. ASHTON V GBUBB. Mr Joynt for original defendants. Mr Harper foi; the supplementary defendants and original plaintiff.

This was a motion to surcharge the defendant’s estate with certain monies, also to convey the properties mentioned and to file accounts herein. Under a decree of the Court in an action to take accounts, the Registrar had filed a certificate disallowing certain iteme of surcharge to which it was attempted to make the trustees liable, and reserving some others for the opinion of the Court, which was now sought. After argument, the items of proposed surcharge, wore disallowed, except in the case of improvements which stood over, and oosto were granted as against the trustees. The Court then rose.