SUPREME COURT.

Auckland Star, Volume XXVII, Issue 165, 15 July 1896, Page 5

SUPREME COURT.

THIS DAY,

IN BANCO.

(Bafore His Honor Mr Justica'Coriolly). Adjournep; -».Oa.the , application of ■ Mr Oottsr ( a/B&otfQn that the decision of the Wttrclon; iti the case of Wm. Coridlck (appellant), r. F. C. Dean (respondent), be reversed, and one- tbatr vthe Warden's deVsion-Jn the eoatter of the application of E. J. G* Foster Grenville for tha Vigilant special claim be rescinded, were adjourned till next bankruptcy! sitting. Chapman ,v. Chapman.—ln the case of Jane Chapnjan (petitioner) v. Frederick Temple Cblpman (respondent), in which His Honor recently granted an order for judicial separation on the ground of cruelty after a two days' Trial. Mr Campbell (instructed ,by Mr Boale) moved for a new trial.—Mr Cotter (instructed .by Messrs Devore and Cooper) appeared for -the petitioner, Jane Chapman, to oppose the motion. After hearing argument by couneol His Honor said he had bean perfectly satisfied with the decision of the jury, that if he now granted a new trial the case won Id have to come before him, that if the evidence was the same aa that already "■iven, he would only have to direct the jury in the same way as he had in the previous trial, and that he was convinced the decision of the jury would only bo the Batae as before.^His Honor refused tho upplicationtsnd allowed £10 10s costß to the petitioner* , Interpretation of A Will.—ln the caee of Walter Chas. Brackenbury v. the Public Trustee, Mr Cotter (instructed by Messrs Devore and Copper) appeared in Bupporb of an originating eummonß to interpret the will of Marie Valentine Brackenbury (deceased). —Mr Brookfield appeared on behalf of the Public Trustee. When the case waa mentioned this morning the question was submitted to His Honor whether^ the Auckland Ladies Benevolent Society might be represented by counsel.— Mr Cotter intimated that Mr S. Hesketh was present on behalf of the Society, and asked for His Honor's ruling as to whether tho Society should be represented. A3 far as. he was concerned he had not the slightest objection to make to counsel for them being present, but it appeared that one clause in the will was to the effect that if any money was loft it was to be given to the Benevolent Society, in the handa of Mrs Hugh Campbailor Mrs iNelaon. The question waa as to what that referred to ; if any money was there, whether the clause referred tothg balance of money which Mrs Brackenbury had directed to be invested in the way which she mentioned, or whether it applied to the whole of the residuary estate. If it applied to tho whole of. the residuary estate, it would benefit tho Benevolent Society, and that was the reason why the Society wished to be represented by connee!.—His Honor granted permission to the.Society to be represented, and it was agreed by mutual consent that the matter bo argued this afternoon at 2 o'clock.—His Honor was hearing legal argument on the points in dispute when we went to press.