SUPREME COURT.—Wednesday. SITTING IN BANCO. [Before his Honor Mr. Justice J. S. Moore.]

Daily Southern Cross, Volume XXIII, Issue 3133, 1 August 1867, Page 3

SUPREME COURT.— Wednesday. SITTING IN BANCO. [Before his Honor Mr. Justice J. S. Moore.]

HATB AND OTHEKS Y. HINSTON AND OTHIBS. Mr. Weston for plaintiff* ; Mr. Brookfield fo» defendants Hinston »nd Bateman ; Mr. Macdonald for defendant Greenway. A. suit was raised at the instance of Mr. Barstow, of Kussell, Bay of Islands, againtt the defendants, trustees under the will of Thomas Earle Hanley, for certain moneys]receiTed in connection with his eatate. The prayer of' the declaration -was that an inquiry should be made by the Registrar as to the estate. Mr. Greenway pleaded, and prayed that certain ■urns of money which he had expended for the maintenance of the children should be allowed out of the estate. The other defendants appeared, but did not plead. In August last the Court made the order in terms of the deolaration, and since then the Registrar had made his report, which showed that the funds paid into the hands of the trustees amounted to £2 088 7s. 6d. ; a promissory note from Mr. Stevenson, of Russell, £200 ; a promissory note * rom Mr. Greenway, £116 ; making altogether £2,404. There had been expended altogether in the maintenance of the children £9^B 17s. 6d M leaviug *I,IW in the hands of the defendants, which was now deposited in the Bank.' of New Zealand. The report aho stated that K. C. Barstow was a fit and proper person to appoint as guardian, and recommended that £685 should be paid to Mr. 'Greenway as payment to him for money, expended in support of the children. Mr. Weston, {haying stated the facts of the case to the above effect, .asked the Court to confirm the report, ty ■» appointing Mr. Barrtow as guardian,

directing the -money to be taken out of the bank, antl how it was to be inverted. His Honor said there wm no direction in the will as to how the money was to be infested. The Court could not order that it should be invested in any way than in debentures of General Government. Decree would be issued in aooordanoe with the Registrar's report— directing that Mr. Greenway be paid, that the money should be invested in Government stock, and that Mr. Barstow should be appointed as guardian. Mr. Brookfield and Mr. Macdonald conourred in the decree. The Court ordered that only one let oi casts should be paid to defendants.