COURT OF APPEAL.

Press, Volume LXIX, Issue 20828, 11 April 1933, Page 16

COURT OF APPEAL.

— — ARGUMENT IN WILL CASE. (PHESS ASSOCU.TIOK TELEGE4M) WELLINGTON, April 10. The Court of Appeal resumed the hearing of the case Barton and others v. Moorhouse this morning. At the conclusion of the argument of Mr Hadfield, counsel for the trustees, the Solicitor-General (Mr A. Fair, K.C.) asked leave to appear, on the ground that the Crown, from the point of view of certain duties, was interested in the decision. He submitted that the main question as .to whether or not the estate tail had vested in Captain W. B. R. Rhodes-Moorhouse, V.C., had been decided by the Court of Appeal in the affirmative previously in an action arising out of this estate. He submitted that the Court now sitting as two divisions had no power to overrule on this point the decision of a single division, given previously, or, alternatively, if it were considered that such power did exist, then the power of review could be exercised only in special circumstances which did not in this case exist. At the conclusion of the argument of the Solicitor-General addresses on behalf of other interests in the estate were made by Mr James and Mr Levi. The Court later adjourned until tomorrow, when it is hoped to conclude the hearing.