COURT OF APPEAL.

Evening Post, Volume LXXIX, Issue 82, 8 April 1910, Page 8

COURT OF APPEAL.

INTERPRETATION OF A WILL. The Chief Justice and their Honours Mr. Justice Williams', Mr. Justice Edwards, and Mr. Justice Chapman, to-day were engaged hearing the case of James Holt, sawmiller, Nupier, v. John Holt, sawmiller, Hastings, Sarah Leach Dean, and Robert Holt, junr., accountant, Napier, as executors and trustees of the wilt of Robert Holt, deceased, and a number of infant children of James Holt, John Holt, Sarah Leach Dean, and Robert Holt, junr. The cace was removed from the SuI preme Court into the Court of Appeal by order of his Honour Mr. Justice Cooper. The testator had willed hi* property, with a direction to the trustees to carry on his but-iness as sawmiller and timber merchant for forty years, with power to apply any part of the income to extending the business, and then to sell the business. The income was then to go to four named persons, their children, or remoter issue, and at the end of forty years the whole property was to be divided among these four persons or their issue. It was contended that th« property .«eted in the four named persons, and an opposing argument was that the trusts were bad under the rule against perpetuities, and that an intestacy resuited. It waa on this point that the court was asked to decide. Mr. M. Myers and Mr. W. Sproule, of Napier, appeared on behalf of the four named persons benefiting under the will. Mr. C. P. Skerrett, K.C., with him Mr. W. G. Wood, of Napier, represented the infant respondents; and Mr. E. F. Hadfield, and Mr. H. A. Cornford, of Napier, appeared on behalf of Mrs. Elizabeth Thompson, of Napier, who has an interest under the will. After hearing argument, judgment was reserved.

A Press Association telegram from Pahiatua received lato this afternoon states that there are no fresh developments in connection with the pursuit of the escaped prisoner Powelka. When he was seen last eveniug near tho Pahiatua railway station he had just been to the ■tore- to buy fuse, but could obtaic. none, and rode away. When across the railway line he was seen by Constable King, of ralmerston, who waa on patrol. King states that Powelka, hearing the sound of hoofs, turned round. Although it was growing dusk, King immediately recognised him. He was wearing a green hat, green overcoat, and new legging*— lost from one of the Palmerston fires. Powelka's horse was a speedy animal, and gained on King, but it became footsore, as it wanted two shoes, and went slightly lame. King then decreased the distance between them. Powclku, seeing it was hopeless to continue to ride, took advantage of the cover of a bend in the road to dismount, abandon the horee, and clear up the hill in the direction of Matthew's Bush. Coming up, King saw Powelka, revolver in hand, running towards the bu*h. The constable fired twice, but failed to hit Powelka, who ran into the bush and was lost in the darkness. Then assistance was summoned, the bush mimmnded, and searched at daybreak without avail. About forty constable* are engaged in the search at present, ana more are hourly expected. It is probable the Tararna ranges will be the scene of patrol to-day. At -the meeting of the City Council the tender of Mewsr*. Mace and Ni-hul-wn wa« accepted for tho setting back of tho premises lately occupied by Messrs. Goodall and Lyons in Wil a street. A contract has been let to Messrs. J. Trevor and Son for the erection of a brick building of two stories next to the Courtenay-nlace Post Office, to the order of Dr. Tolhurst. The architect* are Messrs. Penty and Lawrence. Tho contract price is about £2480. The ground floor will be let att a shop, and the upper portion of the building will bo occupied by Dr. Tolhurst. In the Magistrate's Court yesterday afternoon, John Alexander Myers Mied tho Lux Light Company for recovery of £28, representing £18 paid towards* tho cost of a light and £10 for damage*. Defendant counter-claimed for £9 16* 6d, balance due for the light. Judgment was for the Light Company on the claim and counterclaim, with cost* £3 ss. Mr. Dunn appeared for plaintiff, and Mr Blair for defendant coiap*oy.