SUPREME COURT.

Taranaki Daily News, 25 August 1919, Page 6

SUPREME COURT.

SATURDAY'S SITTING. (Before His Honor Sir Justice Hosking) The sitting of the Supreme Court at New Plymouth was continued on .Saturday before Mr Justice Hosking. CUSTODY OF A CHILD. Application was made- by Mrs Mary A. Ludecke, of Oakura (Mr A. H. Johnstone), for an order for guardianship and estate of Esmo Merle Knight. Mr Ronald H. Quilliam opposed the application on behalf of the parents, of the child. Mr Johnstone stated that practically since birth the child, who was now 13 years of age, had lived with Mrs I.udecke, her grandmother, with the consent of the parents, and had been known by her grandmother's name. In reciting the circumstances of the child remaining with her grandmother, it was stated that the parents had six other cuildren, they had lived in various parts of the country, and were in somewhat poor circumstances. The grandfather had set the father up in business, but he had been unsuccessful, and the business sold up. It was a fact that the father of the child had suffered imprisonment for debt and tha.t there were various judgments in the courts ugalnst him. Mr Johnstone then went on to fay that while the child was living with her grandmother at Oakura, she had been sent to the New Plymouth Girls' High School as a boarder. On junc 24 last a lady who represented herself as the mother of Esme Ludecke called at the school and asked to see her. The principal of the school, who knew no one but Mrs. Ludecke as the mother of the girl, allowed the visitor to 6cc her, and she was then spirited away to Dannevirke, where her parents lived. The child, however, came back on her own account, though it was admitted that Mrs Ludecke had communicated with a garage proprietor of Dannevirke with a view to having her brought back. No definite arrangement was made, and the child came back of her own choice. Mr Johnstone pointed out further, that the question of religioli entered into the matter, inasmuch as she had been brought up a Protestant, laid the parents were Roman Catholics. In all the circumstances he submitted it was not in the child's interest that she should go back to her parents.

Mr Quilliam said the removal of the child from the custody of the parents at Danncvirke was an unjustifiable act. Ho suggested that the court should make an order, but require an undertaking that the child should not.be removed by force. He relied, however, en the right of the parents, in spite of the time which the child had lived with her grandmother, to guardianship as they were liable for maintenance. He said the two families had been on good terms, and there had been no need for the parents to take the child away from hc-r grandmother. When, however, trouble arose between them an effort was immediately made to have the girl brought back to her parents. They applied in the proper way, and came to New Plymouth to get her but were refused, and subsequently she was forcibly faken away. He asked that if the court saw fit to grant the order, the parents should be given reasonable access to the child. Mr,Quilliam mentioned that he had no opportunity of meeting the question of religion raised as the affidavit relat : :ig thereto had only been filed the previous day. Mr Johnstone pointed out that the parents had not even come to the court to oppose the apiication, or to take the child away. Mrs Ludecko's petition was solely on account of her affection for the child. He said it was certainly not in the interests of the child that she should bo bandied about the country between the two homes, which would be the case if no order was made.

The Judge intimated that there should be some undertaking as to eduenting the child. It would never do to allow her to be turned into a servant at about the age of fourteen. Mr Johnstone said the child was being educated at the Girls' High School ?s a matter of fact. It was no use, however, sending her back there, unless an order was made by the court, or she would probably be spirited away again. The Judge, after interviewing the girl privately, said decision would be reserved. FAMILIES PROTECTION ACT. Wm. G. Berridge (Mr. C. H. Croker), cf New Plymouth, carpenter, applied, uider the provisions of the Families Protection Act, for such share of the estate of the late Clara Aynsley as the court might award. Mr A. R. Standish appeared for Annie Marshall and others, the beneficiaries under the will.

After hearing council's statement of the position of the parties, in which it was shown that the estate was worth approximately £ISOO and that three of the children Wad been omitted from bwiefit in the estate under the will, the court made an order for £250 (a sixth share) with certain conditions. The costs will be borne by the estate. INTERPRETATION OF A WILL. The hearing of argument in the application for interpretation of the will of the late H. B. Curtis was concluded r.nd his Honor reserved decision. DISPOSAL OF OTHER CASEB. The appeal of Wm. George Emeny (appellant) and Jeremiah J. Nolan (respondent) against the decision of Mr J. W. Poynton, S.M., at New Plymouth, was adjourned till next session. The case of Spedding and Stainton, Ltd., and Burgess, Fraser and Co., Ltd, v the schooner "Ottillie Fjord" were also adjourned till next session. The court then rose.