A PECULIAR CASE.

Wairarapa Daily Times, Volume XV, Issue 4662, 2 March 1894, Page 3

A PECULIAR CASE.

Mr Jnstico Richmond has been en>aged during the past two days in lealing with a suit brought by Reginald Neil Harding, mariner, and Richard L'Estrango Harding, railway clerk, against Andrew Youn«, coach proprietor, Wellington, and William Miller Lewi?, solicitor, Christchurch, The plaiutiffs are sons of the late Joseph Harding, liotelbeepor.who died in Wellington in 1878, and the defeudants are trustees under the will. The deceased's life was insured in the Government Office for £IOOO, and alter his death the sum of £BBB 17a 4d, being eight-ninths of the amount insured, was paid to the trustees, and invested for the benefit of the children (eight in all) at six per cent. The plaintiffs allege that the trustees wrongfully advanced various sums amounting to over £801) to their mother, and they ask the Court (1) to compel the trustees to reimburse the said sums for the benefit of the children, and (2) to appoint thorn trustees instead of Messrs Young and Lewis, The trustees plead that they wero justified in advancing Mrs Harding moneys to maintain anl educate the children. Mr Mouatt, of Dunedin, is for the plaintiff, Mr Edwards, with him Mr Gray, being for tbo defendants. His Honour, without calling upon counsel for the defence, dimissed the suit. He said he could not agree with Mr Mouatt that the mother was not entitled to maintenance for tho children. At the time the sum of £625 was advanced to the widow she was in some pecuniary embarrassment, it was evident thai part of her debts wero due to her expenditure for the education of the children. ThefactthattheTrusteesknewthatsbe was so embarrassed was no reason for refusing to give her the money. If she was in danger of insolvency, it was proper that she should receive assistance from them for the sake of the I children, Anything like a living #l- - lowance.for the children would have > exhausted such a small capital. The i two young plaintiffs, who had been ' well educated out of tho estate, not understanding the migracefulness of their act, now came to Court and asked that the trustees should be compelled to replace the capital, If they had understood the moral aspect of the case they would have receded from the position at once. His Honour certified for an extra counsel.—Poit, |0 ■ :