SUPREME COURT.

Press, Volume XLVIII, Issue 7781, 7 February 1891, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS.

Friday, February 6., (Before his Honor Mr Justice Denniston.) His Honor sat in Chambers at 11 a. m. RE CHARLES KNY3, DECEASED. Mr Izard applied herein for-probate. His Honor made the order/. RE JOHN HARRIS, DECEASED. Mr Cohen applied herein'for probate. His Honor pointed out, that the attesting witness had not complied with the requirements. ZIMMERMAN V ZIMMERMAN. In this case, which was under the Divorce and Matrimo_ial Causes Act, Mr Byrne applied for fixiug of mode and time of trial. His Honor fixed the trial, before the Judge alone, at next Civil sittings. INGU-KS V INGLES. This was an application for the settlement of issuer. Mr Fisher appeared for plaintiff, Mr Stringer for defendant. By consent, the issues were settled, and the trial fixed for March 2nd, before the Judge alono. R_t ALFRED H. HINDMARSH. On ther application of Mr Flesher, Alfred H. Hind marsh was admitted as a barrister and solicitor of the Supreme Court of New Zealacrd. RE JAMES D. GARWOOD. Mr Stringer applied herein for the removal of the trustee. Mr Gresson contra. His Honor expressed the opinion that the trustee could not be removed by summary procedure, but that an action must be commenced to do so. For misconduct or at his own request, under the Administration Act of New Zealand, the Court had power to remove an executor summarily for the reasons mentioned. Mr Stringer said there was no imputation of misconduct, but want of harmony in working with the co-trustee. He would cite a case to show that in England want of harmony was held sufficient to remove the trustee.

His Honor thought that this was a very strong measure to ask the Court to take. As, however, the summons was to remove the trustee as an executor also, Mr Stringer was (before the Court under the Administration Act.

Mr Gresson said that he was desirous of having the case heard on its merits. Mr Stringer read a number of affidavits which had been filed in the case, and submitted that in the interest of the estate the trustee should be removed.

Mr Gresson replied, pointing out that the accounts had net yet been filed, and that therefore the complaint against the trustee of non-action had no grouud.

After some further argument the matter stood over to see whether a satisfactory arrangement could hot be come to. m RE HERBERT G. MOORE. On the application of Mr Cohen, Herbert G. Moore was admitted as a solicitor.