FAMILY MATTER

Dominion, Volume 5, Issue 1293, 23 November 1911, Page 3

FAMILY MATTER

EEGAPiDING SECURITIES. Ecgret was expressed by tho-Chief' Justice yesterday that membeis of toe'same family should bo involved in litigation. This was in connection with the case in which Hannau Bevan proceeded against Thomas Bovan to obtain a decree ol assignment over certain securities, liotn parties reside at Manakau. Mr, T. M. Wiiiord appeared for the plaintiff and Mr. W. H. D. Bell tor tho Uis itonoiir suggested that tho case be adjourned in order that a settlement might be arrived at. Ho was inlormcd tiy counsel that there was no prospect oi such. settlement without un esprosiion ot opinion from the Bench. After some discussion tho learncil Judge, by consent of counsel, made an order to the following effect :--(l) Thomas. Bevan to execute a declaration of trust (to the satisfaction of the Registrar of the Court) stating that he holds the securities on behalf of Hannah Bevan subject to his guarantee. (2) He to furnish an account to Hannah Bevan of all monies receivod by him on her account. (3) He to be restrained from disposing of any of the securities without Hannah Bevan's consenfc, Costs were allowed to plaintiff as on an icnon involving JSGOO.

LEAVE TO APPEAL REFUSED. •T. E. STANSELL'S AFFAIRS. _ Mr. 0. R. Beere, on behalf of the plaintiff in the action A. I). Kennedy and Co. v. the Official Assignee in Bankruptcy in the estate of J. R. G. Stansell, appliecl to the Chief Justice (Sir Robert Stout) yesterday for, leave to appeal to the Court of Appeal. Mr. W. ll.' D. Bell for the Public Trustee. Kennedy and Co. were given judgment for a debt in the .Magistrate's Court, but this decision was reversed by the Supreme Court and Kennedy and Co. were placed on a similar footing with the remainder of the creditors in the estate. His Honour re f usc<l to grant leave to appeal. lie knew of no case where lenvo to appeal had been granted when the matters in disnute were questions of fact and not of law. In this case Mr. Beero had admitted that questions of fact were not in dispute. SETTLED. CLAIM FOR ALLEGED SLANDER. A settlement has been arrived at in the action, E. E. R. Broughton v. Scott and iUartindale, a claim for jBoUI damages for alleged slander. The ease was set down for hearing to-day, but Mr. T. M. Wilfcrd, counsel for defendants, informed tho Chief Justice (Sir Robert Stout) ycs%rday that it had been settled.