SUPREME COURT—IN BANCO.

New Zealand Times, Volume XXXIII, Issue 5522, 7 December 1878, Page 3

SUPREME COURT—IN BANCO.

Friday, December 6. Before his Honor the Chief Justice. WEBBER V. WEIGHT. Demurrer to plaintiff's declaration. This was an action brought by Sophia Jane Webber (by her husband) against John Fortescue Wright, Edward Pearce, and Stephen Carkeek in respect to propertj known as Goathurst Farm. It appears that by a marriage settlement made in 1866 between the defendant Wright and his wife, this land, No. 12, Ohiro, containing about 100 acres, was conveyed to trustees upon trust for tbe benefit of the said defendant Wright and his wife or the survivor of them, with a power to the wife to dispose of the land by will, subject to a life interest, to the defendant Wright. The settlement also contained a power to the trustees of absolute sale, subject to tho trusts created by Mrs. Wright's will. The trustees under this settlement are Messrs. Caikeek and Pearce. Mrs. Wright died in the year 1874 without issue by Wright, and by her will gave l-6th share to her daughter by a former marriage, a Mrs. Bromley, and the remaining 5-6ths to be divided amongst her grandchildren. The trustee, with the assent of Mr. Wright, the tenant for life, in October last advertised the laud for sale. Mrs. Webber, a grandchild entitled to take under the will, objects to this on the ground that there being a lease over the property it would not sell advantageously —in fact, that it would be sacrificed; and has brought an aot f ou to restrain the sale. The defendant den- m-s to the declaration on the ground that M Yebber has no cause of action, as the sale is a matter entirely in the hands of tho trustees under the settlement. Mr. Brandon, sen. (with him Mr. Chapman) appeared in support of the demurrer ; and Air. (Jllivier (with him Mr. Fitz Gerald) for Webber, the plaintiff, in support of the declaration. The Court took time to consider its judgment.