THE COURTS.

Press, Volume LIX, Issue 17747, 26 April 1923, Page 6

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adamo.) FAUXLY PROTECTION ACT. Eleanor Elizabeth Haidiy, Rakaia, wictow of Charles Al-beirt C. Hardy, M.L.C., Rakaia, who died on August 28th, 1922, leaving- on estate valued at £23,000, applied for the expectant shares of two ohildiien und-er ago to be paid to hei, to assist in maintaining them up to twenty-one years of age, sho 'being their guardian ad litem under the will. Testator left the furniture and personal effects to the widow, > and directed: the trustees to allow her. an income from £4OOO during her lifetime, the sum to follow the residue on her death. The residue wasi left to testator's five <hikUien, but he provided that nono should benefit until he o-x she had reached the age oi thirty years. In the event of »v beneficiary dying before the uge of thirty years, his or her share, is added to the residue, but his or her children patticipate under the will. _ Joined' with Mi's Hardy' as plaintiffs were her children, J. L. Hardy, engineering student, R. B. Hardy, Auckland, schoolmaster, and Elizabeth Joan Hardy, Rakaia. Dtiendnnt» were the executors under the will, Annie Watson Hardie, Rakaia, George S.' Hardy, Rakaia, merchant, andi J. h. Hardy. The children of whom Mrs Hardy woe appointed guardian are O. S. Handy and Margaret E. Hardy. Mr D. E. Wanklyn appeared! for plaintiffs and Mr E. W. White for defendants. Mr Wanjklyn, in reply to his Honour, said that all members of the family were united in the application. The will provided that none of the childiren should benefit before the age of thirty years, and those who were undefl thirty years could not receive the benefit at present, when _ they needed) it for their education nnd to giv« them a start In life. All the ol; .O.lron wore in Court in their individual capacities. Mr White said that two oi the children had reached tho ago oi thirty years, und had received their benefit under the will. There was no dissent amongst members of the family in respect to the application. _ All agreed that the position should bo adjusted to pnevent an injustice the testator never intended; to inflict. The testator's idea was to preserve the capital of each child's fund, and hp did not realise that no benefit would accrue to any of the children until thoy were His Honour said that the most satisfactory course was for counsel to draft an order by which the income from the expectant shares' of the children under age shouldi be used for their) maintenance and benefit until they c-imo of age, and the income from the contingent share of each beneficiary should be paid to him or her until the age of thirty years was reftohed. Members of tho family r.ow over 3pe could file a consent to the order. His Honour believed that he could make the order under the provisions of the ACt " A TIMBER DISPUTE. Francw Emily Bunting, widow, an<s Robert Fetrie, farmerr, both cf Woodond, proceeded against Sarah, Joseph, and James Bunting, farmers, also of Woodond, to hfivo a permanent injunction granted to replace an interim injunction whereW the defendants were restrained from felling pinuß insignis trees on a farm. The female plaintiff ia entitled to the reversion of the farm on tho death of the fomtlo defendant, who is life tenant. The Questions to be decided were: Whether the defendants had the right to fell and mill the tueea, the plaintiffs asserting that they formed a shelter belt; also whether pinus Insignis is "timber," tho defendants contending that trees of this species' became of commercial value at the age of 40 years, and should. then be felled, milled, and replaced by young trees. Mr O. T. J. Alpera sheared for the plaintiffs and Mr E. W. White for the "defendants. Mr Alpers stated that the defendants had consented to tihe issue of a permanent injunction, and had undertaken to fell no more trieas. Tho parties hud agroed upon an arrangement for replanting and restoring the plantation. His Honour was therefore not called upon to decide the definition of "timber." IN CHAMBERS'. Probate hae been granted in tho wills of the following deceased persons: —Leonora Emma Cholmondeley (Mr M. S. Brown), Marianne Hawker (Mr Brown), AlbertCharleH Small (Mr H. C. D. van Asch), John Edward Mooro (Mr G. H, M. Walton), Peter Colgan Mr A. J. Malley), Ann Lorett (Mr Malley), John Pearson Christopherson (Mr E. W White), William Anderson (Mr W. J. Sim), Herbert Crampton (Mr B. L. Lane), Argles ValUmee Bishop (Mr .T. D. Godfrey), Art.hui Alfred McDonald (Mr J. J. Dougall), Samuel Webb (Mr W. H. Woods), Peter McMillan (Mr C. S. Thomas). MAGISTERIAL. TUESDAY. , (Before Mr H. Y. Widdowson, S.M.) " DRUNKENNESS. • A first offender was fined 10a, in default twenty-four hours' imprisonment. Samuel William Watts, an old offender, was fined £l, in default three days' imprisonment. MAINTENANCE. Thomas George Flynn, for disobeying a maintenance order, was convicted and sentenced to one month's imprisonment, to be released on payment of £7 10s arrears. John Henry Barkle was convicted and sentenced to four weeks' imprisonment for having disobeyed a maintenance order. He was ordered to be released on payment of £A 9s lOd arrears. James Hal lam, who was £34 2s in arrears with a maintenance order in respect of his son, was sentenced! to three months' imprisonment, with hard labour, release to follow on payment of £34, and the warrant to be suspended as lotog as he pays £1 per week and 7s Cd per week off arrears. An information against George Alexander Dunoon for having disobeyed a maintenance order was dismissed. Charles Edward Jackson, for disobeying a maintenance order, was sentenced tj fcur weeks' imprisonment, release to follow on payment of £5 15s. Albert Franklin, who was £2O lis in arrears in the payment of maintenance, was sentenced to one month's imprisonment, release to follow on payment of £6 lis. Martin John Mullaly, for disobeying a maintenance order, was sentenced to one month's imprisonment, release to follow on payment of £9 12s 6d. Dagmar Gow proceeded against James Gibson Gow, for maintenance orders for herself and children. The information was dismissed. Michael Hogan, who was in arrears with the payment ot maintenance, was ordered to find security for compliance with the order by depositing £IOO with the Publio Trustee. An application by Michael Hogan against Arthur James O'Connor, for_ variation of a maintenance order, was dismissed with costs against applicant. . Evidence was heard in the ease in which Alice Ann Maddren (Mr F. S. Wilding) proceeded against William John Maddren (Mr C. S. Thomas) for separation and guardianship orders. The case waa adjourned until May 22nd. KAIAPOI. (Before Mr Wyvern Wilson, S.M.) BREACH OF ARMS ACT. Percy Jury, charged with failing to register a shot gun within seven days after purchase, wae fined 20s, oosts 7-s. THEFT. Tumai Tuni Rehu, on a ahaxge of a gas generator, the property of F. BeaJe, vu oonvicted and fined £5. to be paid by instalments of £1 per -week, in .default of any one payment, one month e imprison* merit.