SUPREME COURT

Press, Volume LXXXVIII, Issue 26917, 18 December 1952, Page 5

SUPREME COURT

UNDEFENDED DIVORCE PETITIONS

A decree nisi, on the ground stated, was granted the petitioner in each di the following undefended petitions for divorce heard before Mr Justice Northcroft in the Supreme Court yesterday:— Desertion.—Edward James Maiden (Mr C. V. Quigley) v. Joan Frances Maiden; Vera May Bailey (Mr B. J. Drake) v. William Chance Chammon Bailey; David Henry Reed (Mr B. J. Drake) v. Lorna Doreen May Reed \ Catherine Munro Langley (Mr W. F. Brown) v. David Samuel Victor Langley. Failure to comply with decree for restitution of conjugal rights: Harry Arthur Dock (Mr K. L. Heney) v. Isabel Elizabeth Dock; Richard John Mcllroy (Mr W. G. P. Cuningham) v. Ngaire Jean McIlroy. Adultery: Alexander William Black (Mr A. W. Brown) v. Iris Kathleen Black and lan George Broadhurst named as corespondent. '

Separation: Beverley June Byers (Mr A. W. Brown) v. Bernard Thomas Byers; Gretchen Driessen Smith (Mr A. W. Brown) v. Murray Mullin Smith; Hector Thorburn Lauer (Mr A. W. Brown) v. Catherine Ann Mary Hill Lauer; Frances Lilian Miller (Mr R. Twyneham) v. Noel John Millar; Daniel Joseph Munday (Mr B. G. Dingwall) v. Kathleen Pearl Munday. Judicial Separation Eileen Mary Lock (Mr J. G. Leggat) was granted a decree for judicial separation from Maurice William Lock on the grounds of the respondent’s cruelty and adultery. Restitution of Conjugal Rights An order for restitution of conjugal rights was granted the petitioner in each of the following petitions:— Archibald Brewster Grant (Mr T. A. Gresson) v. Elsie May Grant; Albert Edward Fehsenfeld (Mr C. V. Quigley) v. Nova May Fehsenfeld; Geoffrey George Henry Friend (Mr A. Hearn) v. Mary Letitia Friend; Allister Douglas McKenzie (Mr B. J. Drake) v. Daphne Bliaux McKenzie. Defended Petition for Restitution James Chesmar, a labourer (Mr B. J. Drake), petitioned against Shirley Edna Chesmar (Mr A. K. Archer) for restitution of conjugal rights. The petition was opposed by Mrs Chesmar. After hearing evidence, his Honour made an order for restitution within 14 days of service of the order. His Honour said it seemed an extraordinary defence and an extraordinary marriage. He could not accept the wife’s claim that she agreed to marry the petitioner only if he agreed that they live with her parents. COMPROMISE IN CLAIM APPROVED A compromise, at £ 1536, in a claiir by the Public Trustee, as administrator o the estate of Francis Jeremiah Carey against the Attorney-General for damagefor the 'death of Carey, was approved by Mr Justice Northcroft in the Supreme Court yesterday. Mr W. F. Brown appeared for the Public Trustee and for the widow Marie Veronica Carey; Mr W. R. Lascelles apS eared for the son. Franklyn Carey; and lr A. W. Brown appeared for the At-torney-General. Francis Jeremiah Carey, aged 44, died at Paparua Prison on May 28. 1951. Mr W. F. Brown said he considered the amount offered by the Crown was reasonable. -having regard to the fact that the widow had received maintenance pavments of 36s a week from her husband. The child was not now really dependent. It was proposed that the widow be paid £1325 in a lump sum and that £75 be held on trust for the son. Mr Lascelles said he concurred in the suggestion. The widow had had a difficult time, and her anxiety to establish a home was understandable. The sum set aside for the son was a nominal one but it was intended only to be a nest egg for the future. His Honour said the compromise was one the Court should approve, and an order would be made accordingly. HOUSE TO BE RETAINED IN ESTATE An order was granted by Mr Justice Northcroft m the Supreme Court yesterd?y empowering the trustees in the estate of Otto Louis Ballin to retain a house proP^ r ty at 89 Rossall street, and allowing the testator’s widow to occupy the house, free of all outgoings, during her lifetime or widowhood. Mr K. Gough, who appeared for Alan Caudius Brassington. a solicitor and a trustee of the estate, said that the testator dJed on September 26, 1944. leaving an capital value of more than £31,000. There was a direction in the win that all the assets be converted five years after death. The principal beneficiaries were the widow and the infant daughter. The widow desired to live in the house, and an order enabling the trustees to retain the house would be expedient. A draft order had been drawn up and agreed to by all the parties. Counsel as £r ed A t le^ C 2? rt to approve the order Mr A C. Perry, for Harriet Lydia BaltJJ 1, T widow , °f the testator; Mr D. I N Mac Lean for the infant daughter; and Mr R. E. Wylie for the testator’s three nephews, consented to the order being made. PRISONER SENTENCED Percy William Hatherall Burns, aged 51 a labourer, who had pleaded in the Magistrate s Court at Dunedin to a charge of breaking and entering a railways goods S j d Jt nd „ stealin g two cases of whisky ?? d J bof tea ’ of a total ’value of £lO 15s 4d, appeared before Mr Justice Northcroft m the Supreme Court yesterday for sentence. Burns, who was not represented by counsel, was sentenced to 12 months’ imprisonment with hard labour. His Honour said there did not seem to be much that could be said on behalf of Burns. For years he had been a nuisance to the community, mostly because of drink. The present offence was a serious one and it, too, seemed to have been promoted by drink.