SUPREME COURT

Evening Star, Issue 23836, 17 March 1941, Page 9

SUPREME COURT

FAMILY PROTECTION ACT In the Supreme Court to-day Mr .Justice Kennedy heard an originating summons under the Family I’rotectiou Act in the estate of William John O'Connor, late of Fool hum, hotelkeeper, deceased. Mr 11. J). Jamieson, who appeared for the plaintill, Patricia _ O'Connor, said that the deceased by his lard will provided for three iuiaut children. After the date, of the will a fourtii child was hoi'ii, but deceased met his death somewhat suddenly without carrying out his intention of making the necessary alteration. Mr Jamieson submitted a draft order, making provision for the fourth child, this having been approved by Air W. drown, who appeared on behalf of the Public Trustee, the administrator of the estate, and by Mr F. 15. Adams, who represented the three infant children named in the will. His Honour made an order accord ingly. RUNHOLDER’S ESTATE. In the estate of Hector Gibson, runholder, of Tanas, an originating summons was heard, wherein his widow, baleen Gibson, asked that . more adequate provision be made for herself and the two infant children. The plaintiff, Ihlcon Gibson, widow of the deceased, was represented by A 1 r J. P. Ward, Air AY. F, Forrester appeared for the Trustees -Executors and Agency Co., Air H. L. Cook for the defendant. Annie Gibson, and Air AV. At. Taylor represented the two children of the marriage, appearing on behalf of Air B. A. Quolch, now on active service. Air AVard said that the application was made under the Family Protection Act, and a draft order would be submitted to the court. It could, ho thought, safely be accepted by _ the court. The deceased had left a widow and two children, aged 10 and eight respectively. He also had a sister, Annie, the defendant in the action, who had unquestionably rendered great service to him on his two farms at Tarras and Morvon Hills.

Air AVard explained that the estate could not cany the bequests made by the ■ deceased, and the draft now submitted was so that the position could bo met.

His Honour said that this was a case in which the testator had failed to make provision for his wife, not because he had not thought of her, but simply because when the will was made he was of opinion that his estate was very much greater than it proved to he. His Honour said that it was very satisfactory to find the various parties co-opera-ting in the friendliest fashion to wo ilk out’an order. He was satisfied that the interests of the children had received very careful attention. The court would approve and adopt as its own the draft order which had been lodged. IN DIVORCE. A decree absolute was granted in the divorce proceedings between David Walker Galbraith (petitioner) and Johann Galbraith (respondent) and AVilliam John Galbraith (co-respondent). Mr O. G. Stevens made the application on behalf of the respondent. Mr J. H. Kemnitz appeared for the petitioner. His Honour granted a decree nisi, to be moved absolute after the expiration of three months, in the case of Milton Limvood 'Muir (petitioner) and Hannah

Heikura Aluir (respondent) and Herbert Leah Paterson (eo-resnondent). Air J. H„,;Kemnitz appeared for the petitioner. Co-respondent was ordered to pay costs.