DECISION RESERVED.
BY COURT OF APPEAL.
Per Press Association
WELLINGTON, Sept. 17. The hearing of the ease of the A.M.P. Society versus the Public Trustee was to-day continued in the Appeal Court. Mr Byrne, for the Public Trust, arguing the case for respondent, contended that tho law as to the effect of a grant of probate made pursuant to an order giving leave to swear death was the same in New Zealand as in England, and the Court should apply the same test in determining .whether or not the facts justified an order to swear death. Mr Byrne contended that the circumstances surrounding Montgomery’s disappearance were such as to make death the only reasonable inference. The only other explanation was that Montgomery had voluntarily abandoned his wife and family. Such abandonment would be a wrongful act on Montgomery’s part, and would not lightly be presumed by the Court. Decision was reserved. See “Inference of Death”—Page 2.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/MS19400917.2.102
Bibliographic details
Manawatu Standard, Volume LX, Issue 248, 17 September 1940, Page 8
Word Count
156DECISION RESERVED. Manawatu Standard, Volume LX, Issue 248, 17 September 1940, Page 8
Using This Item
Stuff Ltd is the copyright owner for the Manawatu Standard. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in