INTERESTING LEGAL POINT.

Auckland Star, Volume XXI, Issue 163, 12 July 1890, Page 5

INTERESTING LEGAL POINT.

LIABILITIES OF AN HEIRESS.

(BY TELEGRAPH.—OWN CORRESPONDENT.)

Thames, this day. A cask of considerable importance, being the first; of its kind fchab has been heard in the colony, came before Mr Northcrofb, &M., at the Resident. Magistrate's Court yesterday afternoon, it was a cage to recover the sum of £90, due on.a p.n. signed by Tinipoaka, father of the present defendant. Itseems that Tinapoaka sued the plaintiff for a large sum of money, and gave the p.n. in satisfaction of the debt, while he at the same time undertook to pay the amount as soon as ho had sold part of the land, Called" Otouto. The present defendant, who, it may bo mentioned, was his only child, succeeded to this land. Mr Miller appeared for plaintiff, and Mr Purchas for defendant. ■ In opening plaintiff's case Mr Miller said the defendant was sued as executrix. He showed that a very slight circumstance of intermeddling with the goods of , a deceased, will make a person an executor de son tort. Thus, a widow milkinj* cowsvof the deceased, or the taking pf a Bible or a bedstead, were held sufficient, as they were the indecia of any one so interfering being the representative of the deceased; In this cage defendant was, by border of the Court, appointed sue-, cessqr ttf the estate of Tinipoaka, tho maker of the bill, and it was contended by Mr Miller that' thie made defendant responsible for the amount of. the p.n. Counsel referred to Williamson's Executors, quoting a passage from pages 261 to 270, and spoke at some length in reference thereto. * _. ~ - . After hearing evidence, His Worship reserved hie decision until the 17th vast., as he desired time to consider the law points involved.