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THE COUNT OF APPEAL.

WELLINGTON, October 21. Mr Justice Williams, delivering judgment in the ease of ths Greymouth-Point Elizabeth Railway and Coal Company v. Mrs Mary M'lvor, an appeal from the decision of the Chief Justice, said that because of the great catastrophe public seutiment had been moved and a very largo sum of money had been raised, but this sum was one to which plaintiffs had no right. It was a fund to be distributed as a charitable fund by a trustee, who had absolute discretion as to whether any particular person should participate in the distribution. It could not be said that the result of the death of the person in respect to whose deatrTthe plaintiff claimed was to create the fund, aud therefore the case fell to the ground, because it could not be said that there was evidenco to show that plaintiff had received, or was likely to receive, pecuniary benefit resulting from the death of the person in rc?pect to whose death they claimed. For those reasons he thought the appeal should be dismissed. Justices Conolly and Edwards concurred in this decision, and the appeal was dismissed, Coats were allowed on the middle scale.

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https://paperspast.natlib.govt.nz/newspapers/ESD18971022.2.55

Bibliographic details

THE COUNT OF APPEAL., Evening Star, Issue 10451, 22 October 1897

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199

THE COUNT OF APPEAL. Evening Star, Issue 10451, 22 October 1897

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