SUPREME COURT.

Press, Volume L, Issue 8535, 15 July 1893, Page 10

SUPREME COURT.

. SITTINGS IN CHAMBERS,

Friday, Jcly 14. (Before his Honour Mr Justice Denniston.) His Honour sat in Chambers at 11 a.m.

HE CLARA DYER, DECEASED.

Mr Hoban appeared herein to ask for the appointment of a trustee. Mr Thomas, on the part of the Public 'ffrubtce, called attention to tbe fact that there was a dispute with reference to the dealing with the legacy in this estate so far as Mary Smith, for whom Mr Hoban appeared, was concerned. His Honour said that if there was a disfute in the matter the proper course for the üblic Trustee was to ask for a guardian ad litem to bo appointed, and then bring an action to settle the merits. Mr Thomas said he had no objection to the appointment of a guardian ad litem. Mr Hoban submitted that he was entitled to have the appointment of a - general guardian. His Honour said that the question in his mind was whether he had power to appoint a general guardian or only a guardian ad litem. His Honour took time to consider. , BE JAMES CLEART, DECEASED. This was an application by Mr Hoban for probate to executors in Auckland. The matter stood over to allow hiß Honour to consult with his brother Judges as to the practice of granting probate to persons not resident in tho district. The proper course, lie had come to tho conclusion, was that the affidavits in cases of this character should betaken off the file .of the Court in which they were filed and filed here. This was was the course ho had decided should be adhered to in future. In the present application, as it had come down by direction of the Judge, the order would be granted as applied for. PROBATES. Orders for probate were made in re John {Turner, deceased (Mr Weston); re John Smith, deceased (Mr Cotterill). KB SEED AND AGRICULTURAL COMPANY. This was an application by Mr E. W. Davidson to have his name removed from the list of contributories of the Company for 250 shares. Mr Joy ut appeared for the Company; Mr Davidson in person. Mr Joyut said that Mr. Davidson had signed an application for 250 shares; had ; signed the Articles of Association, and had received notice of allotment. This, though his name did not appear on the register, made him under the authorities a contributing shareholder with respect to the shares mentioned. At a meeting of Directors 300 fully paid-up shares were allotted to Mr Davidson.

Mr Davidson having been sworn read a statement to the effect inter alia that these 250 shares were taken as part; of 300 original promoters' shares. He had never been asked to pay any calls prior to the Company going into liquidation, nor had be paid anything on allotment. Atter taking evidence aud hearing Mr Joyut in reply. His Honour said that the facts showed that Mr Davidson was a contributing shareholder to the extent of 250 shares as regarded the creditors of the Company, which was quite a different matter as between Mr Davidson and the shareholders. He had therefore to show reasons for his being taken off the register; whether begot the ZOO shares as a bonus or not did not matter under this application. Mr Davidson's name appeared on the memorandum of Association for 250 contributing shares, and there was nothing to show that the Directors had given him 300 paid shares. (The Directors had not so far as could be •een, nor had they any power to do so, given him any paid up shares. It was perfectly clear that Mr Davidson appeared On tho articles of Association in his own handwriting, and therefore was cle-rly liable. The application would be dismissed.