IN CHAMBERS.

Auckland Star, Volume XIX, Issue 215, 12 September 1888, Page 5

IN CHAMBERS.

Probate.—Motions for .probate were granted re Peter Milln Duncan (Mr Earl), Ann Durbridge (Mr Clayton), Win. Rowe (Mr Alexander). , Administration,-—Lettere of administration were granted re Robert Mcßae (Mr Stone), Alexander McLiesh (Mr Alexander) and William McMillan (Mr Buchanan). An application for letters of administration re Agnes Teresa Robinson (Mr Napier) was allowed to stand over, the deceased having died: twelve years ago, and no affidavit having been filed to explain cause of delay in making tire application.;.: 7 New Executor.—On the motion.of Mr Stone, George vßaypes was appointed executor d& bonis non in lieu of W. J. Rees in re William Robinson (deceased).. Orders Renewed. —Motion to renew order of June 20,1888, re James Weabbead; (deceased), and a similar motion re Mary Jane McKenzie .(deceased), by. Mrßeale, were granted. .The ''Rationalist" Newspatek Co.-rMr" Mahony moved in ,re the Companies Acb, '1882;'' and re the " Rationalist.* Newspaper Company, for an adjournment under rule 38. —This was pursuant to the order of August 14th last, making a call of 4s per share, and a week's adjournment was granted. • IN BANCO. -Re the. Land Transfer Act,- 1885 (r c application No. .2,703). —-Mr Cotter, moved fpiIsummPns tV the Districb Landßegistrar to uphold objection to register.--^This was an appiicaticm for summons calling upon the Districb Land Registrar to show cause - and. to specify the. grounds of his refusal to register, vizi", that the applicants are... only entitled ": to life estates in certain property under the will of Selina Miller.—Mr Stone appeared on behalf of John Miller, Miss" E. G; Miller and Walter ■' Miller, and Mr Baume for ; the trustee^ Andrew ■ Ofctp. —Mr Cotter stated that the application was on account of land in the city of Auckland, of considerable value, something like £7)000, and the question for His Honor's: decision was, practically, whether the apS pointmqnb made by Selina Miller was a good appointment, in pursuance of a power contained in a • settlement of the land by Aloxander Miller, the father of the applicants. The deed of settle mont was made on• the 2nd July, 1859,; when Alexander Miller,; the husband, was entitled, in fee;simple, to the land. in^j it advisalblei' to settle the land '"he conveyed it to Andrew Obtpas trustee. At tho time of the execution bi the deed two but of three children were alive, viz. jElaara Gertrude, born oh June 5, 1853, andl Walter ! Charleß,bornon Ju1y20,1855. Thethirdchiid, Clement John, was not born until July 12th;' 1859, or ten days after oxecutiori:of the deed. Alexander Miller and his; wife,. Selina Miller, had a life interest under the appointment, and the trustee was. to; hold j the estate for the use of their child or children. The husbaod, 'Alexander: Miller, pre-deceased his wife, and there was mo ■joint appointment. The wife then, on the 13th' of August _ 1881, executed the appointment. which was the eubjecb pi the present application. '.Under thab appointment, Selina Miller appointed the said Andrew Otto and his executors, etc., to hold one" undivided equal third 'part in all the lands^for Clenient John' Miller during the teriri of ;' Ws natural life; •; and after his' decease upon trust for such/persons and for such estatesas thesaid Clement John Miller by his last will and testament directed; or in default of such to such child or children of ClemeHb John Miller; in case of there being no child, to exebutors and administrators for Clement John Miller. In the application made by the threo Millers to the District Land Registrar, they stated that no^^ other'person haa any claim other than Otto to hold the said lands under' deed "of =', appointment; which ; they had .been advised was bad in law_ as cobtravehing the; law agairisb perpetuities. Mv Stonei then 'stated his objection to the de^d of appointment.. He said that although the appointment waa very wide, ho maintained that power was given by the.settleraent, and ho would ask His Honor to hold that that power, was; a Bpecial power- in favour of children of tho marriage, and in favour .of children only—not in favour of grandchildren. ---Mr Baume, on" behalf of the trustee/ Andrew Otto, said that he would submifc to the jurisdiction of the Court.—Mr Cotter replied to 'the argurnenitfir of Mr Stone, -and contended that the apppintnaeiib was good.—-His Honor said he would take time to consider the matter, and the Courfa rbae at 1 p.m.