A WILL CASE.

Taranaki Daily News, Volume LIV, Issue 320, 9 July 1912, Page 5

A WILL CASE.

THE LAW'S DELAYS. By Telegraph —Press Association. Christclnircli, Last Night. Mr. Justice Sim has delivered judgment in the ca.se of Annie Chinnery, appellant, against Francis J. Chinnery, respondent, an appeal from a decision of the Magistrate's Court at Christchurch. The appellant is the widow of Charles Chinnery, who died on or about July 22, 1910. He left a will by which he devised and bequeathed all his property to the appellant, and appointed her executrix of his will. The respondent is a son of deceased. He and several brothers and sisters- made a claim against the appellant as executrix of the estate for maintenance, under the Family Protection Act, 1908. There were eleven children claiming this way, and seven of these children were represented by Messrs. George Harper, Son and Pascoe. An agreement was made by which the appellant was to pay sums amounting in all to £1550 to these seven children, the sum to be paid respondent being £IOO. That agreement was embodied in a letter written by the appellants' solicitors to George Harper, Son and Pascoe on April 25, 1911. This letter contained a passage saying that there was not sufficient cash at present to pay the sums, but they would be paid as the money became available, and this letter was written to put Mrs. Chinnery's proposal in a binding and concrete form. In December last appellant paid a quarter of the amount due to" the children. In March respondent sued appellant for the balance due to him. The Magistrate (Mr. Bailey) found that the assets in the hands of appellant were not available funds ■wii'i'ii Ih" meaning of the letter, except £ul7 <-ash in the bank. As that was more than enough to satisfy respondent's claim he was entitled to succeed. From this decision an appeal was made. The judgment of Mr. Justice Sim reverses this, holding that the letter meant when funds were available sufficient to satisfy all the appellants. The appeal was allowed with costs, £7 7s. A judgment of non-suit is to be entered in the Magistrate's Court, with costs to be fixed by the Magistrate.