A WILL IN DISPUTE.

Taranaki Daily News, 6 July 1920, Page 5

A WILL IN DISPUTE.

, , SOME .UNUSUAL FEATUBSSk ! CASE IN APPEAL COURT. By Telegraph.—Press Auoclatttt, Wellington, Last Night. ■ The Appeal Court this afternoon topic v* the Fox v. McDowell case, prawnwig ■ some unusual features, which comes : from Timaru. On May 7, 1917, an order wap nude,, by Judge Stringer under the Family'' Piotection Act, 1608, In favor of the 1 plaintiff Fox in respect of his late wife, J Isabella Fox. By her will the testatrix,! among other provisions, gave \SEOO to' her sister, "Mrs. Carson, and by the order the Judge postponed payment of! the £SOO until the death of the plain- ! tiff, Fox. In an affidavit Mrs. Carson alleged' t that 37 years ago her sister, had informed .her that she had previously been married to another man, but she had not mentioned the fact to the Court at the first hearing, because she did not wish to besmirch her sister's uamA She subsequently brought an action asainst Fox, which was dismissed by Mr. Justice Sim on various, grounds. The present application is to 4he Court of Appeal for special leave to appeal, the ordinary time for appealing, * havifig elapsed, upon the ground that' "™ the order of May 7, 1»17, was made-, without jurisdiction, and that the material justice of the case demanded that the matter, should be Teopened. Mr. C. P. Skerrett, K.C., and Mr. Fair appeared for Mrs. Carson, and Mr 4 , Mvers for Fox. ~ The case is proceeding. /