LAW REPORTS.

Dominion, Volume 4, Issue 1139, 29 May 1911, Page 6

LAW REPORTS.

A DAUGHTER'S APPLICATION. IX A WILL CASE. At the- Supreme Court on Saturday, before his Honour the Chief Justice, Charlotte I'owiclc, wife of Joseph Powick, carpenter, Christclnirch, applied for an allowance from the estate of her late lather, John Heberley, of Picton, settler.

In her affidavit, plaintiff, who had been excluded from the will, stated that her lather died in September, 1909. His estate was valued at .E2300. Her first husband's name was Groves F. Chambers, of Wellington, cab proprietor, and ho was generally known as Thomas Gross. ■She had had six children, of whom four were no longer dependent upon her, and, of the. remaining two, one was consumptive. . .She had no moans of her own, and was entirely dependent on the earnings of her husband, whoso income did not average more than JJISG per annum. She was in had health, and was indebted personally in the sum of .£IOO. Mr. T. S. Westou appeared for plaintiff, and Mr. D. S. Smith, for defendant Mr. Weston said that this was an application to vary the will, in order to make an allowance for a daughter who had besn excluded from benefiting. ,V> ere »e™ to ?i children, including plaintilt. It plaintiffs application were granted it would only mean a small contribution from the other beneficiarie s He contended that the father's action in exeluding plaintiff was harsh. In reply to his Honour, Mr. Weston said the beneficiaries were fairly well off Mr. Smith maintained that -plaintiff was sufficently well off at present. There had been, in her younger days, a serious disagreement between plaintiff and her father. Counsel referred to the Allardice case and contended, on the decision given t?ff W ?°- nlai ! d Co,lrts, ,hat Pontiff had no claim because, she was sufficiently provided for. He maintained that no case had been niado out to justify the order being varied so materially." .His Honour said he thought ho could give plaintiff some aid. The only point was-as to the state of plaintiff's-bed It was necessary that an affidavit of a medical man should be obtained The amiavlcVM t0 * 6UCh «

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) SATURDAY'S LIST. Frederick Johnston, who had been arrested on Friday, was asked to show cause why he should not bo adjudged the father of an unborn child. Mr. Hi" OLeary, who appeared for defendant] asked for a remand until June 2. This was granted, bail being fixed at ,£GO, and two sureties of <C3O each. . . Legal argument was concluded on Saturday in the case in which Jack Lowe was asked to show cause why he should not be adjudged the putative father of an unborn child. Decision was reserved leter Joseph Lane and Frederick Davis pleaded guilty to a charge of.using threat' enmg behaviour-in Willis Street, whereby a breach of tha peace was occasioned, i-ach was lined 205., the alternative being seven days' imprisonment. .' John Magse, charged with drunkenness, was declared a habitual inebriate, and sentenced to 21 days' imprisonment. Louisa Maitland admitted being found drunk during the currency of a prohibition order in force against her. She was convicted, and discharged for drunkenness, and fined 405., with the option of seven days' imprisonment, for breach of the order.

Cecilia M'lntosh, James Hughes, and John Watson each pleaded guilty to a charge of drunkenness, and each was fined 10s., with the alternative of 48 hours' imprisonment.

Two first-offending inebriates were fined ss. each, with the option of 2-t hours' imprisonment.