SUPREME COURT

Evening Post, Volume XCVI, Issue 18, 20 July 1918, Page 7

SUPREME COURT

AN AMICABLE ACTION

This morning, at the Supreme Court, his Honour Mr. Justice Chapman hoard legal argument in an originating summons under the Family Protection Act avid the Judicature Act, 1908. It was in the matter of tho estate of the late William Joseph Saunders, formerly of Alfredton, near Eketahuna, farmer.

The action was a rather involved one. Deceased married twice, and the plaintiffs were his widow, some of the children of his first, and all of the children of his second marriage, while the defendants were t.he two eldest sons of the 'first marriage as trustees in the estate of the deceased.

The plaintiffs were represented by Mr. H. E. Evans, Mr. T. Neave, and Mr. T. M. Page. .of. Eketahuna, and counsel for the defendants was Mr. J. A. Tripe. It was announced to his Honour that a settlement had been arrived at, and he was asked to make an order in the terms of the agreement reached between the parties. In the course of his remarks,* Mr. Neave said that the settlement constituted a generous offer by the trustees, and this was substantiated by Mr.. Page. Mr. Tripe concurred in the arrangement for- the disposition of the funds'; and he, too, paid a tribute to the generosity and kindness of the trustees, the defendants, who wished to do the best for the plaintiffs. The reason for the action was that deceased made his will twelve years before he died, and when lie died he was.in a very much better financial position than when he made the, will. The i?rustees recognised that the will would have been different had the decAsed known what his financial position was going to be at the time of his. death, and-left the matter, of arranging a generousf settlement in the hands of their counsel. Mr. Tripe added that instead of £15,000, tho trustees (defendants) were really giving £21,000, and this was all the more commendable when if was known that one. of them was a married man with eight children and the other a married man with two children. His Honour expressed pleasure that in a family matter which must have presented quite a"lot of difficulty, so reasonable and successful a settlement had been reached.. It was, no doubt, a generous concession on the part of the owners of the residuary estate. His Honour made the order sought accordingly.