Christchurch News.

Gisborne Times, Volume VI, Issue 200, 30 August 1901, Page 1

Christchurch News.

A WILL CASE,

THE HEALTH DEPARTMENT

Christchurch, August 23. A fkw weeks ago a peculiar will case came before the Supreme Court here. It was a case in which A. Campbell, late of Flaxton, fanner, had left his estate to his grandchildren, on condition that they were to he brought up in the Roman Catholic faith. Failing this, it was contended that the estate would revert to their lather. The position was an extraordinary one, inasmuch, it appeared, that if the father chose to take the children away from the Catholic Church, he would benefit to the extent of the bequest. The father and children were not on the best of terms. In fact, the father claimed that the conditions of the will had not been complied with, and the trustees sought the Court for advice. In giving judgment to-day, Mr Justice Dcnniston said the case had been argued on the assumption that on breach in the case of any grandchild of the condition in the proviso there would he an intestacy as to his ol- her share and that the interest would pass to the father. It was stated by counsel for the father that in some cases such breach,

and consequent forfeiture, had taken place, and that the father was claiming the interests alleged to he forfeited in the case of grandsons. If he was right in holding that they took a vested estate at once there could be no breach. In the case of the granddaughters, if their interest was only contingent, and was forfeited before it became vested, any forfeited

legacy would fall into the residue, which

was given to all the grandchildren. It was admitted that at least one of the grandchildren had attained his majority. Having fulfilled the conditions in the proviso, such child, or.children, would take the residue. He did not, therefore,

see how the father could benefit in any

case. His Honor decided that, it being admitted that all the grandchildren.had at the date of the testator's death been brought up in the religious faith according to which they were baptised, the condition was satisfied to all of them. The costs of all parties as between solicitor and client would be paid out of the estate. I n connection with an accident to the Ashburton train this morning, due to the breaking of an axle, the passengers express the opinion that they had a narrow escape from a serious calamity. Here is a copy of a letter they have written : —“ We, the undersigned passengers by the morning train starting from Ashburton this day, which met with an accident between ltolleston and Templeton, desire to place on record, and bring undor the notice of the proper authorities our high appreciation of the ability and the coolness displayed by the engine-driver (C. Fowke), the fireman (D. Michie), and the guard (W. Angus) in keeping their train extended by applying the brakes in the van and still hauling with the engine. In outopinion, if this had not been done, a very serious accident would have occurred.— Mrs Duncan Sinclair and Miss Aggie Sinclair (Palmerston North), Nurse Long (Omaru Hospital), K. O’Connor and L. Logan (Tinwald), W. Tipler (lvillinehy), Constable O’Connell (Lytte ton), T. J. Small, L. D. Cordner, J. IcPhail, S. Mackewell, T. Arehy.”

A Wellington correspondent of one of the local papers yesterday telegraphed that the Health Department was amused at the hysteria which prompted the article decrying tho department for alleged laxity in combating tho prevailing outbreaks of disease. The message also stated that “If the Christchurch people say the insanitary conditions of the city are responsible for the exceptional virulence of tho diseases there, the authorities will act promptly, but they don’t believe such to be the case.”

These statements have aroused tire ire of the Press, which, after endorsing the at-

titude taken up by its contemporary, the Lyttelton Times, proceeds as follows : “ All we can say is, that the health authorities’ idea of humor is as remark-

able as the view they appear to take re.

garding their duty to the public. They may think scarlet fever, influenza and measles suitable subjects for mirth, but wc can assure them that there are hundreds of people in Christchurch who are either suffering from these complaints, or watching by sickbeds just now, who entirely fail to share in the department’s enjoyment of the situation. The fact that these diseases prevail in all the other cities of the colony does not seem to us to make it any more amusing, or to supply any valid reason why the department should continue in a state of masterly

inactivity. It is altogether a new view to take of the duties and functions of a Health Department, and, even at the risk of being considered dense or deficient in a sense of humour, wc must plead guilty to not being quite able to grasp it at such short notice. All we can say is that if this is really the view which the Health De-

partment takes of its responsibilities, then the sooner it is abolished the better. Wo can do very well without it.”