SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 81854, 1 October 1906, Page 2

SUPREME COURT.

IN CHAMBERS. Before Ilis Honor Mr. Justice Cooper. Re C. A. Nippert, deceased, intes* tate, on tho motion of Mr Roy, letters "f administration were granted to Wilhelmina Nippert, mother of the deceased. In the matter of the Trustee Act, and in the matter of the will of Carl I*. A. A. Weyergang, order was made discharging a trustee (G. N. Curtis) from office upon his own petition, and appointing Carl H. A. Weyergang and Edgan L. Bnanc, trustees' in petitioner's stead. for the petitioner). INTER PRL"TATION Mr G,ovett moved for the interpretation of the will of the late John Burgess, appearing for the executrix, the wife of the testator, by her present name of Cooper. Mr Wright appeared for the guardian ad litum of the infant Edith Ellen Burgess, and Mr Roy for the adult beneficiaries in the will. His Honor, relying on the Chief Justice's decision in Tay'or v. Taylor, ruled that the executrix was solely entitled to the property in fee simple. Costs were allowed to the plaintiff ,£lO 10/, Mr Wright .£4 4/, and Mr Roy £5 3/. APPEAL. ■ Savage v. McLean.—Mr Fitzherb- • ert (instructed by Messrs Wilford and Levi, of Wellington) for the appel- : 'ant, and Mr Quilliam for respondent. [ This was an appeal from the decis- ! ion of the Magistrate at New Plyl mouth in the case McLean v. Savage. The appeal was dismissed. Mr 1 Fitzherbert stated 'his intention • f - bringing a further action, and asked - that certain money to which the re- , spondent now became entitled should r be held by the Court. The Judge - ruled that respondent should leave f .£l6 in Court and take out the bal- ; ance of the moneys ho is entitled to; 1 appellant to bring his action on for 1 hearing and judgment at Waitara or a New Plymouth within four ■ weeks 3 from date. Costs, 7/, were allowt ad. c COMPENSATION CASES. ' Tho Compensation Court case, Ha--1 wera County Electric Company, Ltd., v. tho Eltham Borough Council, a ; claim for .£4200 in connection with : water rights, was mentioned. One " of the assessors took his seat on the = Bench.

Mr ifuichen explained the position of the matter, which had been mentioned before Mr Justice Edwards. It had been practically agreed before to have a case stated, byt he understood Mr Samuel would not now concur, claiming that the matter had lapsed. In the circumstances, counsel made a formal application to adjourn the hearing till November 27. I lis Honor raised the question as to whether tho Court was properly constituted and tin- case properly before it, but was not in a position to express an opinion. As there w/r no appearance of the respondent body »nd assuming that the Court had jurisdiction and that tho claim was still existing—points to be settled in the interim by Mr justice Edwardshe adjourned tho hearing till .Tuesday, November 27, at tho Supreme Courthouse, New. Plymouth. It would not be possible for a Judge to sit on that date, but the assessors could meet,