LAW REPORTS

Dominion, Volume 8, Issue 2502, 1 July 1915, Page 9

LAW REPORTS

COURT OF APPEAL A WANGANUI CASE The Court of Appeal bench was occupied yesterday by their.Honours Mr. Justice Denniston, Mr. Justice Sim, Mr. Justice Hosking, and Mr. Justice Stringer. The Court was occupied with the bearing of an appeal from the judgment of His Honour tho Chief Justice (Sir Robert Stout) delivered in November last in the Wanganui case of George William M'Caul, v. \ Donald Fraser, an action concerning tho will of the late Duncan Fraser, farmer, formerly of Rangitikei The plaintiff in- the action is a son of the late, Catherine M'Gregor, who was a daughter of Duncan Fraser, and the defendant is a son of the latter. Duncan Fraser died in August, 18TD, and lett a will of which tho defendaut (Donald Frasor) was executor and trustee. In December, 1301, the late Catherine M'Gregor received £100 aud signed a deed releasing the defendant (Donald Fraser) from further liability in his position as trusteft. Plaintiff now alleged that this deed was signed without full knowledge-of the facts, and prayed that it should. be declared void. Ho further asked tho Court to remove the defendant from tho position of trustee, to appoint the Public Trustee in his plaoe, and to order that accounts be taken and tho estate of Duncan-Fraser administered under decree of the Supreme Court. The defence set out that the duties of trustee had been faithfully carried out and that the will of Duncan Fraser had beori read,over to tho late Catherine M'Gregor before she became party to the deed of December, ,1901. His Honour, in the course of his judgment, expressed the opinion that, in a case of this kind, where neith.er fraud nor mistake had been proved, no Court of Equity could set aside a family agreement after such a great lapse' of time. Plaintiff must fail in the suit, and judgment would be given for the defendant with costs (as on a claim for £B00) according to scale, £15 15s. a day for second counsel for two days, together with witnesses' expenses, disbursements,' - and interlocutory) costs. From this decision the plaintiff now appealed on the ground that it was erroneous in law.. Mr. C. B.,Collins, of Wanganui, with him Mr. P. B. BroaJl, appeared for the appellant, while Sir Francis Bell, K.C., with him Mr. W. J. Treadwell, of Wanganui, appeared -for the respondent. Argument had not .concluded last evening, aiVd flie further healing of the appeal was adjourned until this morning. DECISION RESERVED. Deoision was reserved in the case of the Public Trustee v. the Hutt River Board. The case concerned the liability of the Public Trustee for rates in connection with property acquired by the investment' of money from the Common Fund. Some fuller particular's were published in yesterday's issue.