SUPREME COURT

Evening Post, Volume LXXXV, Issue 48, 26 February 1913, Page 8

SUPREME COURT

• In the Supreme Court to-day before 'Mr. Justice Sim, in the case of Bank of New South Wales v. ■ L. Caselberg and Co., Mr. T. C, A. Hislop, who-ap-peared for plaintiffs, said that he understood there was no appearance of defendants. Plaintiffs, who Were the holder of a debenture on which there was now £500 due, asked for the appointment of George Lambert as receiver and manager of the defendant company, the , stock-in-trade and effects of the company to be delivered over to the • agent, and the mortgage ' debenture made a first charge upon, the company. His Honour made an ordei 1 accordingly, and directed that an account be taken before the Registrar of all moneys .paid by the company to the Bank of, New South Wales upon the security of the debenture, the receiver to find his costs out of the moneys paid in to him.. In , the case, Charles Thomas Rushbrook, Civil servant, Wellington, v. Alfred Edward Pearman, farmer, Wellington, the plaintiff, under an agreement dated the 22nd December, 1911, asked for a determination of the following questions :—(1): — (1) Is plaintiff eldest son of -the testator, Charles Rushbrook, lately of Port Albert, Auckland? (2) Is defendant entitled to require that the deed of conveyance carrying the above agreement into effect shall be executed by members of .the family of /the testator. (3)_ The administratrix 'of the testator being dead, should a further grant of administration be made, and 'the deed of conveyance 'executed* by such .administrator, in order to convey the beneficial and legal .estate in the land sold under the agreement, or does the legal and beneficial estate vest in tho lawful heir of deceased by virtue of the terms of the will ? (4) Who is the lawful heir, according to the true intent and meaning of the will? Mr. Hadfield (Messrs. Moorhouse, Hadfield. and Newman), who appeared for plaintiff, said his client was born- in England, and there were considerable difficulties and expense- involved in produring a certificate of birth. He produced a family Bible, giving the namen and dates of birth of aIL the children in plaintiff's family. Mr. Kirk, who appeared for other members of plaintiff's family, referred- to various judgments bearing on the question of the administration of estates. He pointed out that, according to a judgment of Mr. Justice Conolly, there could bo no heirs of a living person.- Counsel contended that, under the personal Property Act of 1874 the property should go to an administrator of the estate, and be divided amongst 'the various members of the family. Under the will of Charles Rushbrook the estate was bequeathed to his wife, who died in 1876, and the question was whether the property should revert to the eldest son (the plaintiff), as the lawful heir, or be divided amongst the various members of the family. His Honour reserved judgment.

The progress made by Messrs. Campbell and Burke with the work of restoring the building on Lambton-quay, occupied by Messrs. Whitcombe and Tombs up to the time it wa3 partly destroyed by fire come months ago, has been very satisfactory. The contract will be completed towards tho end of next month, and Messrs. Whitcombe and Tombs will then resume possession of it. Tho premises are being restored on the lines of the original plans, with the exception that the windows on tho side next to the Bank of New South Wales are wire-netted, and are fitted in metal frames as a protection against tire.' The building was erected according to Messrs. Thomas Turnbull and Son's design, and the present contract is also being carried out under -that firm's supervision.,