SUPREME COURT.

Auckland Star, Volume XXVI, Issue 75, 29 March 1895, Page 4

SUPREME COURT.

" 'THIS: DA Y.

SITTING'iN' CHAMBERS.

(Before His Honot Mr Justice Conplly). • Probate was granted to,the executors under the wills- of Margaret Elizabebh Eaglesim and Thos. James Anselb Administrator..—ln the ittatter.of "The Public Trust Office Consolidation Act, lS94,"ahd of the will of Cecilia Dawson Grover (deceased).—This was a motion that .Public Trustee be appointed administrator. —Order as prayed.— Letters of administration with will annexed were granted iv the estate of Charles Robertson,,ono surety being dispensed with. 7 Bill of Costs.—ln the matter of "The Law Practitioners Act, 18.82," and of a,bill of costs rendered by,W. J.; Napier, a solicitor. Summons that bill of costs be ordered to be taxed.—Order as prayed,by consent. Lunatics Act.—lr*. the matter of "Tbe, Lunatics Acb, 1882 " and its .amendment, and of William Edgecombe (a lunatic).— Motion for leave to overdraw accounb ab bank.—Order as prayed. TOTCHEN V. GARTKK AND FRANCIS.— Motion thab Registrar's reporb herein be approved. Tho reporb was approved.—Mr Cooper asked thab judgmenb be entered for £27 12s 9d in-addition bo bbc amounb paid into Court.—Mr Parr, for defendants, made no objection.—-Hiß Honor entered judgment accordingly, and after argument ordered each party to pay their own costs in action, the costs* of taking, the accounts to be divided. ..••:,:- : ; '*' -

Tor.E v. Lang Bros.—This was a motion for leave to serve writ out of Colony.—The order asked for was made by.His Honor.

H. K. • Hovel...- v. Hor.'-' Noakapa.;— Summons for order to set judgment; herein aside.—His Honor orderdd tho judgment to beset aside. Defendant: to have leave to appear and file defence within 21 days from date upon paying to the plaintiff oil his costs of action subsequent to delivering of statement of claim and costs ot summons. • IN BANKRUPTCY. Rk Beverly .Pearson (a bankrupt).— Motion for the advice and direction of the Courb in terms of an application tiled by tho Official Assignee.—His Honor declined to give any advice or directions. ORDERS OS* DISCHARGE. Re John Phillips (a bankrupt).—Mobion for order of discharge.—Mr Cooper said thore was every prospect of the estate paying 20s in tho £■;•'. A dividend of 10a had already been paid. —His Honor said it was a caso in which bankruptcy was hardly necossary.—Bankrupt, who lives at Paeroa, was not in attendance.—There waa no opposition, and the order was made. Kb Thomas, William, Richard Zachaeiah and George Caiuu-tt, bankrupts.Tho reporb of the Oflicial Assignee waß favourable—Thero was no opposition, and the order was made.

Re James Whitelaw (a bankrupt).— Motion for order of discharge. — This motion was allowed to sband ovor till the next sitting in bankruptcy/ IN BANCO. 9 Appeal.—ln the matter of The Deceased Persons'. Estates Duties Act, 1881, and in the-matter of the estate of Mary Lynch, deceased, late of Auckland, the wife of Daniel Lynch, settler, and in the matter of an assignmenC of a policy of assurance on the life of Mary' Lynch and .of a declaration of trust ; relativeY'thereto.—This was a case on appeal., The questions for the opinion of the Court are:—(l) Aro the gifts or any of them so made exempt from the payment of duty chargeable under The Deceased Persons' Estates Duties Acb, ISBI, and its amendments? (2) What refund, of duty (if any) are the trustees entitled bo °cTem_n(i in . respect -, of the said assessment.*—Mr Mahony appeared for the - bjsecutors;; Mr-Tola fox-,the-Stamp Com ipis-; sionet-i^Judgmchb was given.. ..for the Stamp Commissioner; Costs, £3 3a.