SUPREME COURT.

Press, Volume XIV, Issue 1825, 17 February 1869, Page 2

SUPREME COURT.

Tuesday, Feb. 16. [Before Mr Justice Greeson.] His Honor took bis seat in the Court Chambers at 11 o'clock. EB GBOBGB FtTBBY, A BANKEtTPT. Hγ Hanmer Baid he wished to make a personal explanation wi?h regard to hie conduct in this case. An impreesion had got abroad that he and Beattie had conspired to defraud Furby's creditors; and Mr G-arrick had told him that he personally held a similar opinion. He (Mr Hanmer) would ask the Court to permit him to be examined. His Honor quid if Mi? Garriek had made such a remark it was a very rash one for him to make. It was quite natural that Mr Garrick should, like the Court, before the examination, entertain a suspicion' that some conspiracy had taken place to defraud the creditors, but such an impression was quite done ai»ay with, bo far as the Court was concerned, by the examination ; and the Court was quite sure, if Mr Garrick were present, he would say that the impreesion was also removed from hie mind. The Court could hardly allow an examination which would be perfeotly nugatory to proceed, but as Mr Hanmer was so sensitive, the Court would, if he wished it, permit him to be examined. Mr Hanmer said he was satisfied with his Honor's expression of opinion. JOYCE V.. JESTS. His Honor gave judgment In this case. Demurrer allowed with costs. GBAHAM V. PEPPEEILL. His Honor gave judgment in this case. The action was brought to recover possession of land from defendants, sons of John Pepperell, by the plaintiff, as trustee of the bankrupt estate of John Pepperell. The land was, on September 9,1867, conveyed by John Pepperill to his wife, and th& two subsequently executed a deed, dated November 18,1867, by which they conveyed the said land to their eons in fee as joint tenants. Pepperell filed his declaration of insolvency on. February 4, 1868 V The replication of the plaintiff stated that at the time of the execution of both deeds PeppereUwas insolvent j that the Court, upon the application of the plaintiff, as trustee, by order dated September 29,1868, ordered the said land to be sold and applied for the benefit of PeppereH's creditors under the bankruptcy; that the land was conveyed without consideration, and for the purpose of defrauding Pepperell's creditors. The defendants, in their rejoinder, denied the insolvency of Pepperell at the time of exeouting the deed of September 9,1867; and also the malice. To these rejoinders the plaintiff demurred, on the ground that after the execution of the! deed of 9th September, 1869, the said John Pepperell was entitled td an estate in the land for his wife's life and for his own life as tenant by this courtesy, and inaemuoh as it is admitted by the defendants' pleadings that at the time of the execution of the deed of 18th November, 1867, the said John Pepperell was insolvent and indebted to several persons as in the replication alleged, and that the said deed was executed voluntarily without any valuable consideration and in consideration only of. natural love and affection, and was oontrived and devised of malice and fraud to defeat the creditors of .the 'said John Pepijfere'll, .the said, lifeßestates are nowjreptedj iiii and belonging. 'td the plaintiff, as ■ i suoh trustee as aToresaui. ; .Upon the, argument of the demurrer, counsel for the" defendants contended — Firstly, That :by virtue of the Conveyancing Ordinance, Esther Pepperell, under ihe deed of 9th Sept., 1867, took an absolute estate in fee to her separate use, in which hes fuisband had no estpte or interest whatever; secondly, that the order of the Court for sale of the property should have been stated and relied on in the declaration as' the 'ground on which plaintiff's title rested, and that the mention of it for the first time in the replication was a departure in pleading; thirdly, that even if the Court should hold tha» the bankrupt took-some interest, by virtue,of his marital right, in the land conveyed to his wife, at most it could only amourifi to a right to receive the rents and profits during his life which was not what the declaration claimed. The Court was of opinion that none of the propositions contended for by the defendants' counsel could be maintained. After explaining the grounds of his decision his Honor eaid that, upon the whole he was of opinion that the freehold estate which the husband took in right of his wife under the deed qt September, 1867—upon his bankruptcy! became absolutely vested in the plaintiff as trustee for the icreditors, inasmuch as the rejoinder admits that the subsequent deed of November, 1867, was fraudulent and void as against them, by reason of the bankrupt being insolvent at the time of its execution. The demurrer must therefore be allowed, with costs. . ....... - t ' ; .. _"JB^,6ABAH'UBATTIB.' ~-,-_ On the application of Mr Duncan, for Mr Balder, probate of $hq will of Sarah Beattie, deceased, was granted to the son, Samuel Beattie, sole executor. ■ •: "; . jjIKE)B ! /:, ■ , ■-. ■•■' '.. "[." DECEASED. ■■■" "■■ "--' - Mr Nottidge (for Mr W. Williame), ia moving for leave to issue probate to the widow, remarked that the case was one of a rather peculiar nature, inasmuch as the will appointed neither executor nor executrix. -After making certain bequegta and legacies, % the testator went on to say that he left the wh<?le of the residue of his property to his wife Margaret, provided she remained a widow, and in the event of her marrying again there was a gift; over. iThe ;effeetj of s this; was* he con* tended, to make the widow executrix. Mr Noltidge; quoted authorities ia support of his opinion. His Honor eaid, as this was the first application of the kind which had been made to him, be should,, before giving a decision, like an opportunity of looking «p authorities. Mr .. NotUdge eaid, if the C&urfc would not grant he w©«id aak for adminbtration to the will, but the granting of probate would gave a goqd geaj-of trpubje and expense ia the filing of accounts, &o.

The matter waa ordered to stand^T^ BE THB WILL OF CHABLBS BAKBB, DlCa ' Aa Mr Bamford obtained probate to tv •, and cole executris. the *«*>» In Bankruptcy. EB WILLIAM Write. Mr Nottidge, for Mr W. 'Willinty,, for an order of adjudication, & " m °^ Order made, Wednesday, H X • appointed as the day for the mating",} , tors, & tiE ßi«