SUPREME COURT

Taranaki Daily News, Volume LIV, Issue 86, 2 October 1911, Page 5

SUPREME COURT

WELLINGTON SESSION'S. By Telegraph—Press Association. Wellington, Last Niglit. At the .Supreme Court yesterday, tlifl Chief Justice (Sir .Robert Stout) hear*} , an originating summons, under the Declaration Judgments Act, for an interpretation of the will of Philip McCarthy, deceased. The parties were Francis McCarthy, of Miuiaia, bootmaker, and Florence Thomas McCarthy, of Manaia. Mr. Miller appeared far plaintiffs, and Mr. Bernard McCarthy, of Hawera, was solicitor for defendant. Mr. A. W. Blair appeared for C. J. McCarthy, a benefit'wry, Mr. H. D. Bell, K.C. (with him, Mr. E. J. Fitzgiibbon), for plaintiffs, and Mr. 0. D. Morrison for defendants. Plaintiffs were legatees in the estate of Philip McCarthy, deceased, and asked for a declaratory judgment declaring that under the 'will all the property was specifically devised to Francis McCarthy, vested in him absolutely on the death o£ Esther McCarthy, widow of deceased, and that he was now absolutely entitled to the property. Philip (McCarthy died on June 12, 1010, and the widow died on September 23, 1010. The question for the Court was whether the two sons took a life interest or had an absolute bequest on the death of their mother. Bis Honor held that they had an absolute interest on their mother's death, and that the. trustees should distribute the estate accordingly. Costs as between solicitor and client were ordered to be paid out of the estate.