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The Chief Justice delivered judgment to-day in the case of Amelia C. Macfarlane versus' John. Vigor Brown and Francis Logan, executors and trustees of the will of the late Edward N. Knowles, of Napier. Plaintiif, who was a daughter of testator, prayed ■ that accounts should be taken and the estate administered under a decree of the .Court. Sir Robert Stout gave judgment for defendants on the charges made against them, with costs to be paid by the plaintiff. If, however, she desired the administration action to be continued at her own expense he would not refuse to allow it, as she seemed lo have no confidence in the trustees. There was. however, no ground for such a belief. In the second action brought by Mrs Macfarlane on behalf of herself and children, to have the trusts of her late mother administered by the Court on the ground that she could not agree with her fellow-trustee ', J. Vigor Brown, the Chief Justice ex T pressed the opinion that there was no gcound for commencing such proceedings. There was no evidence before the Court that Brown had acted in any way improperly, and the action was simply; asking that the estate be put to more expense in its administration. He would hold that if Mrs Macfarlane would pay all the costs of administration, and not allow any charge on capital to go to her children, she could do so. He would therefore grant her a. decree, but she would have to pay all the costs of the litigation.

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Bibliographic details

WILL CASE., Ashburton Guardian, Volume XXXIX, Issue 9583, 10 April 1919

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WILL CASE. Ashburton Guardian, Volume XXXIX, Issue 9583, 10 April 1919

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