NEW PLYMOUTH SESSIONS.

Stratford Evening Post, Volume XXXIV, Issue 16, 11 September 1912, Page 6

NEW PLYMOUTH SESSIONS.

WILL CASE. Mrs of Wellington, proceeded against the executors of the will of Mrs Elisabeth de la Roche, deceased. Mrs L. I. C. Crompton (widow) and Mr J. B. Roy (solicitor) wore named as the defendant executors. The amount involved in the dispute was £IOO. The case was first before the Court in March last, when the plaintiff, proceeded under an originating summons, which was subsequently abandoned in favour of the present action. The bequest was made to Mrs Kay by deceased, who was at the time a lodger in her house at Wellington, and was subject to the condition in the will, that the plaintiff was to have “well and faithfully nursed me and at touted to my personal wants and comforts during my last illness, and if 1 die while a lodger in her house.’ The executors refused to give any effect to the bequest, holding (1) that at the time of her death Mrs do la Roche was not a lodger in the plaintiff’s house, and (2) that she never had a “last illness” within the meaning of the condition in her will, simply passing away in her sleep. Tncy also made certain other allegations. Mr P. J- O’Regan appeared for t.ic plaintiff, and Mr J. B. Roy defended. Evidence was given by the plainril. Mrs Kay and her husband, a.K m the defence by Dr. D. S Wylie 1 W Scully (New Plymouth Post Office). In his address, Mr Roy said that the question was, Was th e phuntn within the terms of the codicil of toe will? . His Honor interjected that it was a question of fact,,as to whether the plaintiff had observed the conditions attached to her prospective legacy. Resuming, Mr Roy said that all the facts pointed to the fact that when she left Wellington the deceased did so with the intention not to return again. She had no last illness Within the meaning of the will. It was purely a conditional the term., of which had not been carried out. His Honor: “I think plaintiff is entitled to the money. It is really more or less a question of contract. I see no reason to disbelieve the husband and wife. There does not seem to have been anything underhand about it.” His Honor added that there was no suggestion that plaintiff had influenced the deceased into making her will in her favour. He was also not satisfied that Mrs Roche had not intended to return to Wellington. He did not attach any importance to the transference of a savings-bank account because it was very easily effected and without, expense. Costs were arranged between t.ic parties. LIBEL CASE. James George Johnson-, of Fraser Road, Hawera, preferred a claim of £3OO damages against Henry Weston for alleged libel in the Taranaki Herald in March last. The plaintiff conducted his own case, while Mr O. H. Weston cMcuded;.ll v ‘ 1

The case did' not get very far, His Honor, Mr Justice Edwards, after failing to get the plaintiff to adjourn the case in order to obtain the services of a solicitor, non-suited the plaintiff with costs according to .scale. The Judge remarked during the course of the case that if anybody could make a case for libel out of the plaintiff statement of claim, he (His Honor) certainly coidd not. SETTLED OUT OF COURT.

The case of Curtis Bros. v. James Hawkins, claim for £213 13s, principal and interest alleged to be due c-n a promissory note, was settled oiu oi Court. A CASE ADJOURNED. On the application of the solicitors of the parties interested, His Honor adjourned until next session the case in which James Hayward sued Albert Edward Hayward for £425 15s Id for monies alleged to have been advanced in connection with a milking agreement, and for losses and damages through an alleged breach of the same. IN BANKRUPTCY. Petitions for discharge from bankruptcy were granted as follows: I'red. William Johnston, farmer (Mr A. H. Johnstone); Walter Wadey, confectioner, formerly of Hawei'a, now of Wanganui ; Morokopa, a native residing at Taiporohenui (Mr D. Hutchen); Amos Onlbna, of Eltham (Mr J. E. Wilson). PRISONER SENTEN OED. Edward Bourne, who came up for sentence for a number of cases of theft of moneys amounting to about £9O from his employers, the New Zealand Loan and Mercantile Agencj Co., Ltd., at Opunako and to which he had proiously pleaded guilty in the lower Court, was sentenced to two years reformative treatment.