SUPREME COURT.

Dominion, Volume 2, Issue 521, 31 May 1909, Page 9

SUPREME COURT.

CATIIRDAY'S civil sitting. M. C. HUTCHINSON V. PUBLIC ; TRUSTEE. Further evidence was taken before Mr. ' ' -' Justico Cooper on Saturday.' with rcspcct to K'ociJ ; .i-Uio'. : Carringtoa Hut-: <tv chinson (who was represented by Mi. (*. . "• Hutchinson) and Hhe Public . Trustco (tot : ■ whom Air, Gray and .Mr. nfyeis .appealed). ■. Ihe facts .•'ihythi3,:cas6i^were,i brieny, ••'i'S i.-'' defendant is'tho'cxecutor'.and.'trustco ot_Uie will of tho lato Win. Booth, sawmi ler, Oaiterton, who die<l in March, 1903 I'lamtiff is a daughter of tho deceased. By tlio terms or 'i;;fA empowered to carry on ■ the business tor not ' • less- than ten years; from .'.tho. (lato ■ ot tes- ? tator's death if it' should continue .to bo ' — /'wodcedv ata profit, .'and _ afterwards .for .so ; . long as ho deemed expedient. .Ho was also . autnocised to use any part of the. residuary' • ' ostato for tho purpose, of carrying, on the v ' -'Tlridcri'successivo managers ;r tlie busmess ; was! : carried;- on until - \ bepfcember, "5^908, : : owink- to various •■■■' danfc dccided to. dispose of it. For several 'years 'profits were •'shown,.''and payments > r on of:profits were "made -to the persons V ;;under tho-/Trill 'to;tho/incoiue;of the : estato;viz. r •> plaintiff- - . *.. : sisters; : -..In recent years, t however, vthe- busiiir appeared,v'could no)loriger-bo earned on profit-ably. : ; / : ; •'According -plaintiff;, portion- of tho '/jVeapitaKemployed/ ; "in-.the; ; business;:had, been « ??/•/ : lost/'^lt ; was/claintakl'.by ; lier ; that' defendant should be;prdered to refund or'make good, tho locs : ' /Defendant; jeplied . that , \the i .management 'H- ;v ; ; had been..prudent; and: careful, ; and that such •f=r '/.losses/as':were made .were unavoidable/from ■ v various causes, • > -v; ; / /- \The- tAlving 'evidenoe' had not been con- /'•/; eluded when.'-tho,- Court' adjourned until this jnormng.