LAW REPORTS

Dominion, Volume 5, Issue 1312, 15 December 1911, Page 3

LAW REPORTS

SUPREME COURTINTERPRETATION OF A WILL. In tl'.c Supreme Court yesterday, Mr. •luslice Chapman was ii»ked to intcrpiot the will of I lie lair Jului M'llvruU'. The plaintiffs were Alfrrd l'.rne;-t Cousins, Kravßi', of w'r.-llin<;t.ait. and Tlijiiiias viue, farmer, of Whiti-man's \alley. ' n . lh ' tees of thi-' will of John M'llvnde, deceased. satller. late of Wellington. . Ihe defendants wore Soliua MMlvride, widow, of Wellington; Isabella Agnes Co"?"*wife of A. ]•;. Cousins. of Wellington; (.iratT iM'Kcnzio, wile of Alrxtlr. 31 Konzie, of Aiinero, India; Christina, J routo» wifo of l\ichartl Frousp, siwmillor or Levin; Peter .lohn MMlvride, electrical engineer, of Lovrer Hutl; and Catherine Elizabeth ll'llvride. spinster, oi Auckland. „ . Plaintiffs asked for answers to tho lotlowing questions:— (1) Are plaintiffs bound in the first place to exhaust tbo capital sum of A-l'-U 4s. 7d., lnnng tho proceeds of the sale ana conversion of testator's real and personal estate (other than tho Russell houso, tho furniture, goods,. chattels, etc.) in making good tho annuity of A-o bequeathed by the will to Selma Ji -Uvride, in bo far as tho income of tho capital sum is insufficient to meet tho aunuity before mortgaging the Russoll Terraec houso and furniture? (2) Or is it, in tho first place, tho duty of the plaintiffs to mortgago the property, preserving intact tho balance of such capital sum now in their hanus and replacing out of the proceeds of tho mortgage that part which has been expended by them in making good tho balanco of the annuity? ' , (3) Are tho trustees bound in any event to mortgage tho property? t After hearing legal argument, his Honour reserved decision.

DECLARATION ASKED FOR. TAHORATTI NO. 2 BLOCK. Mr. Justice Chapman was engaged in t.lw Supreme Court yesterday morning in hearing an application in reference to a block of Native land in the Danncvirke district. The parties to tho action were Atenata AVhnrekiri, of 'l'alioraiti, near Daunevirke, plaintiff, and the Ikaroa Maori Land Board, defendant. Mr. C. 11. Treadwell appeared for the plaintiff, and the Solicitor-General (Mr. J. W. Salmond) for the defendant.. Atenata Wharokiri, who claimed to he part owner of land known as Talioraiti No. 2 Block, applied for an order declaring to Ije mill and void tho resolution, passed at a meeting of (he nsseinhled owners held at Tahoraili on August 11, 1911, and in particular the resolution to sell part of tho block by public auction. The application was made on the ground that tho resolution was in direct contravention of an Ordor-hi-Council dated September 10, 1910. . . After hearing legal argument, his Honour reserved decision.