INTERPROVINCIAL TELEGRAMS.
[From the Press Agency]. Auckland, April 13. The Maori boy who lived 16 months it the hot springs at./laupo is dead. The Rev Mr. Cosh, of Sydney, has declined the call to St. Andrew's Presbyterian Church. The Licensed Victuallers Association last night passed the resolution in favour of starting an Insurance Company, in the event of the existing Comapnies refusing to reduce their rates. A public meeting will be called, and the public will be invited to take shares. They agreed to appeal to the Government to allow hotels to open during a portion of Sunday. The Association has £150 to its credit in the Bank. Wellington, April 18. In Banco to-day a special case was stated for the opinion of the Court without any pleadings by consent, by virtue of an order by Mr. Justice Richmond. The facts agreed upon were —Robert Spark Lowe before his decease effected a policy of insurance upon his own life with the Victoria Life Assurance Company, Melbourne. At the time of his death this had endured for more than five years. Upon his decease the defendant as administrator to the estate received the amount assured. Lowe left a widow and five children, who are now living. The only property left by deceased besides the amount received under the policy was £120, of which £42 was expended in payment of funeral and testamentary expenses. At the time of his decease Lowe had several creditors (of whom plaintiff is one) and owed £2133. The plaintiff in the action now sought to recover the amount due to him. It was contended by the defendant that, under the provisions of section 46 of the Life Assurance Companies Act, 1873, the money received under the policy is devisable between the wife and children of deceased to the exclusion of creditors. The plaintiff contended that the money received under the policy was assets in the hands of defendant, applicable in the ordinary course of administration, and that the creditors of the deceased are entitled to be paid out of it, as far as it will extend. After argument on the construction of the statute (Life Assurance Companies Act, 1873), the Court reserved judgment.
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Bibliographic details
Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 78, 17 April 1877, Page 3
Word Count
366INTERPROVINCIAL TELEGRAMS. Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 78, 17 April 1877, Page 3
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