DISTRICT COURT.

Nelson Evening Mail, Volume XI, Issue 252, 21 November 1876, Page 2

DISTRICT COURT.

IN CHAMBERS. (Before his Honor Judge Broad.) i-e the will of John Millar, F.S. A., deceased. Mr Act m Adams moved for probate to be granted to Emerson Millar, one of the executors, the personal estate being sworn under -.700. His Honor granted probate, reserving power to the other executors to come in under the will. Re the will of George Tarr, deceased. Mr Acton Adams moved for letters of administration with the will annexed to be granted to Mrs Taylor, daughter and next of kin of the deceased; one of the executors, the Rev P. Calder, having renounced probate, and the other, the Yen Archdeacon Thorpe, being absent in England. His Honor said he would not be inclined to grant administration cum testamento annexo in the absence of any notification from the Archdeacon or his attorney that he renounced probate. The rev gentleman was only expected to be absent for a short time. The application had not been made within two months from the death of the testator (Rule 337, D. C. Rules), and he doubted on that ground his power to make any order. Mr Acton Adams submitted that it was not compulsory for the next of kin to apply within two months. His Honor said he inclined to the belief that the best course would be for the Public Trustee to apply to the Supreme Court for letters of administration, which would not prevent the Yen Archdeacon Thorpe from coming in and obtaining probate of the will on his return to the colony. The estate was a large one, there were important trusts for the benefit of infants, and the present applicant had only a very limited interest in the estate, besides he gathered from the will that it was not the intention or wish of the testator that the management of the estate should be ao vested. The matter might s jand over until next sitting in Chambers, when he would decide upon the application.