SUPREME COURT.

Globe, Volume XXII, Issue 1843, 19 January 1880, Page 2

SUPREME COURT.

CIVIL SITTINGS. MouDAr, Januabt 19. [Before his Honor Mr Justice Johnson, and a Special Jury.] The civil sittings of the Court were resumed at 10 a.m. ASIITON ASD 'WrFB V. GBtTBB AND JT'CIATCHIB. In this case W. M. Ashton and his wife were plaintiffs, and John Grubb, MeClatehie, and others as executors under the will of James Cook, lighterman of IJyttelton, defendants. It appeared that the testator died in 1361, naming the defendants as executors to his will. Under this he (deceased) devised his estate to his widow bo long as she should remain single. In case of the widow remarrying the es'ate, except a portion for the separate use of the widow, was to be divided between the children. In March, 1863, the vrid >w inter-married with one James Bennett. In November, 1876, Ashtan, the present plaintiff, married the daughter of the testator. The present action was brought to recover the share alleged to be due under the will of the testator to Mrs Ashton, and also for the taking of accounts. Mr George Harper appeared for the plaintiff. Mr Joynt, with him Mr H. N". Nalder, appeared for defendants. Mr Bobert Wilkin was chosen foreman of the special jury. There were thirteen issues sent to the jury, six of which were admitted by the defendant. After taking some evidence, which was of a somewhat voluminous nature, and of no public interest, the jury were discharged by consent without coming to a verdict.