THE SECRET CASE.

Manawatu Herald, Volume XXXIII, Issue 976, 6 April 1911, Page 3

THE SECRET CASE.

Wellington, April 4. In the case before the Appeal Court to-day Thomas Kennedy MacDonald, M.L.C., appellant, and Mary Rose and other respondents, the action arose out ot the administration by appellant of the estates of Robert Greenfield, whose children are the respondents. The statement of claim in the Supreme Court stated that appellant was appointed executor and trustee under the will of Greenfield, who died in 1895, and undertook the performance and execution ot trusts of the will, also certain settlements made. It was alleged that during the the time he acted as trustee, appellant failed to render accounts of administration, though repeatedly applied to by respondents. Respondents prayed that appellant be removed from office as trustee. An order was subsequently made by consent to have the accounts taken in December, 1910. An order was made for payment into Court of 3s 3d, agreed to be due by appellant. The next step was a motion for leave to issue a writ of attachment against appellant for failure to comply with the order of payment. The order was duly made for the issue of a writ. Appellant then moved to set aside the writ.

After further proceedings the case was removed to the Appeal Court to decide whether the Court had jurisdiction to make the order.