Difference of Opinion.

Gisborne Standard and Cook County Gazette, Volume I, Issue 58, 25 October 1887, Page 2

Difference of Opinion.

A singular instance of a difference •if opinion among Judges took plaos at Auckland last weok on an applioft. tion for probate of the will of F, toloy. For the willow Mr Napier objected, and claimed to have the will proved in solemn form of law; and quoted canoe in support. Hi* Honour said tho case* quoted were no doubt sound Ft.g'ish law, but a* the hew Zealand Code wan partly founded on the New York Code h«did not think the cases were ap, plicable in New Zealand. Mr Nitpier thereupon said that Mr Justice Ward had taken just ’he opposite view about four weeks ag.< in the ca»e of G. W. Bishop, decease I, and bad held in opposition to tho view advanced by him (Mr Napier) acting for Bighop'g executor, that the English case* were applicable, and that it was unnecessary tor the wi.low to show any grounds for her desire to have the will proved in solemn form. He (Mr Napier) had in Bishop’s case taken the view now taken by His Honor, Mr Justice Ward. His Honor said he was clear some prima facie grounds should be shown, even by the widow of a deeeased person. Mr Napier said he concurred with His Honour, and asked for and obtained an adjournment for a week to enable him to file affidavits of the grounds upon which they desired solemn proofs of the will. ‘