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Auckland Star, Volume XXVII, Issue 166, 16 July 1896, Page 2

At the Supreme Court yesterday Hia Honor Mr Justice Conolly was occupied a considerable part of the day in hearing argument on the motion of Mr Cooper to interpret the will ot Marie Valentine Brackenbury (deceased). Mr Cotter (instructed by Messrs Devore and Cooper) appeared in support of the motion, Mr S. Heaketh for the Auckland Ladies' Bonevolenb Society, and Mr Brookfiald for the Public Trustee. In an affidavit read in Courb Captain W. C. Brackenbury stated that prior to her death hia wile had expressed her intention of making some provision for him in view of his old age, bub she had not stated where the money was. Ho aftorwarda ascertained that there were £69 in the Bank of New Zealand to her credit, which waa taken over by the Public Trustee. This he believed to be the money Bho had referred to. Mrs Brackenbury had carried on business on her own account, and certain book debts had been collected which had nob been referred to in the will. Mr Cotter .contended that tho surplus of the book debts over tho casta of administration, the money in the bank, £69 odd, and certain Moanabaiari shares were nob bequeathed, thab Mrs Brackenbury had died intestate as to these,. and that W. C. Brackenbury was, therefore, entitled to two-thirds.■ Mr Brooktield did not take part in the argument except to make' a few explanations. He said tho Public Trustee would Bimply leave it to tho decision of the Court. Mr Heaketh concurred in Mr Cotter's views, but felt it hie duty to quote a number of cases which bold in the opposite direction. Hb Honor aaid ho would look into tho cases cited, and givo hia decision in writing.