The Evening Mail. WITH WHICH IS INCORPORATED THE NEW ZEALAND AGRICULTURISTS. TUESDAY, JANUARY 7, 1879.

Oamaru Mail, Volume IV, Issue 851, 7 January 1879, Page 2

The Evening Mail. WITH WHICH IS INCORPORATED THE NEW ZEALAND AGRICULTURISTS. TUESDAY, JANUARY 7, 1879.

A telegram was tc-iay received by Mi". S. K. Shrirnski. M.H.R., to the effect that Professor Ulrich will arrive in Livingstone to-morrow night to make a geological survey of the gotdfletd. An important case was heard before His Honor Mr. Justice Ward, at the District Court to-day. It was one in whieti probate

was sought to- be obtained tinder instructions given to Messrs. Newton and Mirams by the late Margaret Maloney. who died from injuries received on the railway, to prepare a second will. The deceased made a will in !»7t;. bequeathing her property to certain persons, and appointing Messrs. George Snmpter and Daniel Toohey as her trustees. Shortly prior to her death. Mrs. Maloney left written, signed, and attested instructions with Messrs. Newton and Mtrams for a new will, making a fresh distribution of her property, and appointing Mr. Toohey sole trustee. Mr. Newton, for Mr Toohey. now moved that probate he granted under the instructions given Messrs Newton and Mirams.

as a will. Mr. Htslop (for Mr. Palmer) appeared for Mr. Snmpter. one of the trustees under the first will: and Mr. O'Meagher for the- legatees under both instruments. Mi". Newton argued at length En sttpjiort of his motion, and quoted authorities to show that instructions given for the preparation of a will could be received as the last will and testament of a testator who died before the will could he executed. Mr. Hislop followed, and asked that before his Honor granted probate under the second instrument he should be fully convinced that in giving instructions for the preparation of a second will the deceased knew that she was revoking her previous will. There was nothing to show that the instrument was a last will and testament. He asked that all the parties having to do with the will might be examined on oath in the Court. Mr. O'Meagher argued that the second instrument was very informal, and was not dear as to the disposal of the whole of the property of the deceased. The only property mentioned in the instrument was L.">y<> of insurance money. His Honor said it was not necessary to mention t!te whole of the property in a will : the words "balance of personalty and realty" included every - thing not specialty mentioned. Mr. ! (/Meagher said that so far as the legatees j were concerned, they did not wish the question of disposition of property to be contested. They objected t» probate being granted alone to Mr. Toohey. but wished to have w>meo«e associated with itr.'ti as i:o-trostee. The fact of Mr. Toohey being sole trustee was the strongest objection which the legatees had to the second instrument being' considered a will. Mr. Newton said that Mr. Toohey had intimated to hint his desire to have some one associated with him as co-trustee, rut had named Mr. Snmpter, one of the trustees named in tlie first will, as one v.honi he would have no objection to being e.;,pointed. On behalf of Mr. Toohey, he wn;:M undertake that, should prolate tie granted, steps should be taken in the Supreme Court to have a co-trustee appointed. His Honor granted probate under the second instrument, and ordered ths coats of all parties to bw paid out of the estate, deeming the case a proper one to bring before the Court.

Messrs. Liddle and M'Master liave been appointed valnera for the County of Waitaki muter the Land Tax Act.

In no- goldtield in Otago probably is the aririforotts rtttat more uniformly distributed than in the Maerewhenna district. It would be tlirtk-nft to sink in any spot between the Avumoko and Maerewhenna Kivcre without finding payable gold. and were it not for the great ditliowlty in procuring an adeqnatc water supply, four tim-'s the present population could b« supported. To bring in wate*suflieient to work the field to t»?at art vantage would necessitate the expenditure of many thousand jiotttidrf. but these water-races, if construct tit pit a practical manner, eonid scarcely fait to yield good dividends for many yearn t f > coine, the price of water at pi'i-'iielit being front 1.3 t.» L»I per week per claim. The object might b« carried ont cither by private enterprise alone, or copj'iintly with a Covcntmcnt subsidy.

Tenders for certain portions of the waterworks will be received at the Municipal Knguuser» Office np to noon on the Uth tost.

Harvesting operations have already commenced not far from here. At Waiho a settler has cat his crop of ont3, and at Taipo Mr. Tcachemaker is about to commence the same operation. Of conrse these crops have become prematurely ripe through the late drying winds. It is that tenders for certain works on the Kartigi Beach road should be »ent in to the County Council Chambers not later than to-morrow.

The time of the departure of the Omarama and Upper Ferry mails has been changed to Wednesday in each week, at 6 a.m. At the Resident Magistrate's Court to-day, before S. E. Shrimski, Esq., J.P., J. M'Carthy was brought up on suspicion of being of unsound mind, and was remanded until tomorrow. .John Ford, charged with having been drunk and disorderly in Itclien-street, was cautioned and discharged. The usual monthly meeting of the Kakanui Roail Board will be held in the office, Tyuestreet, to-morrow, at 11 a.m. At the tisual monthly meeting of the Horticultural Society, held at Mr. Karles last evening, there were present—Messrs. Council (President), Montagu, Glen, Simpson, and Kidd. It was proposed by Mr. Ki'l'l, seconded by Mr. Simpson, and carried. " That the Autumn Show be held on Saturday, the 15tli March," and the President was requested to endeavor to secure the Volunteer Hall for the occasion.

H.\ssei.u Son*, and Co. arc agents for the celebrated Marsh Harvester and Automatic Crane Binder.—[Aijvt.] Money Saved and no time lost by using the Marsh Harvester.—[Advt.] To save n:oi*BLE, annoyance, and a lasting regret, yon should see and thoroughly examine the Marsh Harvester and Binder before purchasing elsewhere.—[Arm.] What the Farmers Say.—The Marsh Harvester and Crane Binder is the simplest and best machine ever brought to the colonies.—[Amt.] Tables for hand bindingwith every Marsh Harvester or Harvester King sold.—[Advt.] Grain Harvetino made easy by using the Marsh Binder.—[Advt.]