SUPREME COURT.

Globe, Volume XXIII, Issue 2253, 22 June 1881, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS. Tuesday, June 21. (Before Hia Honor Mr Justice Johnston.) Hia Honor gat in Chambers at II a.m. ' BE THE GOODS OF H. A. EOULEIT. On the application of Mr Thompson hia Honor granted administration to the widow as executrix. BE GEORGE MARSHALL, DECEASED. Mr George Harper applied herein for probate to Thomaa Marshall as one of the executors named. This was a somewhat peculiar case, as the testator had died in Sunnyside, and his will was found to be three-fourths obliterated and altered. Affidavits were filed as to the execution of the original will by the testator, but the will now before the Court upon which Mr Harper applied was full of obliterations and alterations. The first will left the property to his brother Thomas Marshall subject to the payment of a certain gum to another brother. The interlineated will seemed to contemplate the marriage of the testator, because it gave his property to his wife if he married ; if he had a wife and child then certain provision was made, then, if there was a wife and two children, then another provision. If the testator did not marry, then the property was left to the brother now applying. The testator died a bachelor, and the question now was what will was to be propounded. Mr Harper cited cases to show that wills similarly illegible had been allowed to be propounded. [Authorities cited, “ Williams on Executors,” page 130-132, new ed.; 4 Moore’s Privy Council cases, 419.] His Honor thought that the affidavits should be somewhat fuller as to the testator dying a bachelor in the Sunnyside Asylum, and also that the will, when executed at first, was that which Mr Harper now propounded. Mr Harper thought this would be a good thing to do. Ho would like to quote a late case or two on the subject of wills being taken, though interlined and obliterated. [Cases cited—ln re Harris, deceased, 46 L. J. Probate ; Dancer v Crabbo, 42 L. J., Probate 53 ; in the goods of Brewster, deceased, 29 L. J., Probate 69; in the goods of McCabe, deceased, 42 L. J., Probate 79.] His Honor thought that as there was some want of proof in the affidavits, Mr Harper might file supplementary affidavits. The case stood over for the filing of supplementary affidavits by Mr Harper as to the death of the testator without being married, his being in Sunnyside, &3. HE JOSEPH BEOCKETT, DECEASED. Mr Salter applied herein for prohate to Emma Brocket! as sole executrix. Hia Honor made the order. RE EICHAED HAIN3WOBTH. Mr Salter applied herein for letters of administration to Harriet Hainsworth as executrix, and for the approval of the sureties named. His Honor made the order as prayed.

IN BANCO. EX PABTB H, D. MONK V LICENSING BENCH OF BANOIOBA. This case was a return to rule nisi calling upon Messrs. Caleb Whitefoord, John C. Boys, and others, the Licensing Bench at Rangiora, to show cause why they should not be called upon to hold an adjourned meeting and hear counsel for H. D. Monk as to objections to the renewal of the license to the Club Hotel, Rangiora. Mr George Harper, instructed ty Mr A. Loughrey, now moved that the rule be made absolute, as no appearance had been entered on the other side.

His Honor made the rule absolute calling upon tho Justices to assemble and to giro notice of the objection to the renewal of the license as provided by the Licensing Act. The Court then rose.