SUPREME COURT

Lyttelton Times, Volume CI, Issue 11929, 28 June 1899, Page 3

SUPREME COURT

IN CHAMBERS. (Before his Honor Mr Justice Denniston.) / '■ Tuesday'; -June 27.. :‘ His Honor sat in Chambers at 11 a.m. I>SO BATHS. His Honor granted; prpba-te in.the..following;- -Re Maiy Withell, deceased(Mr VvTlding); re Susap Coster (Mr Beswick) ; re W. J. Taylor,deceased (Mr Lane).; re Richard Wood, deceased (Mi- Brown); re Jane Swinbourne,'. deceased (Mr Izard) re Sarah Smith, deceased (Mr Fiesher) ; re Thomas Snoswell (Mr Slater). MISCELLANEOUS. Worgan v. Worgan.—An application by Mr Bruges for an order for execution to issue herein rear held over for further inquiry. Ke Jonathan Hill: Malone.-—On the application of Mr- Loughnan his Honor granted an hcreinrfbr public notice c-f. the distribution pT the estate to be given >’ —On the iappiiciititn -hof Mr" powlisKaw his Honor •griinte'd'‘tfv'fuiirher, psltrisiom of.: time here-' in. 7 GrT ■ , "Re Daniel Dolan, dec eased.--—On the application of Mr Beswick his Honor confirmed the report re 1 commission herein. l:> David Lewis, deceased.—On the application of Mr .Wilding Ids Honor gave rim consent of the Court to -the sale of certain property at Halsivell.

IN BANKRUPTCY.' • ■ His Honor Mr Justice Denniston sat in Bankruptcy at 11.50. t niSCHAUCffIS; His Honor granted 'disdi'avg&s, in re Thomas: W. Maude (Mr Joynt),'- and in re Georgs Harper, who applied in person. Re Charles White.—Mr Stringer applied herein to 'have the transfer from, the bankrupt to his wife set aside. Mr Leathern, who appeared for Mrs White,' consented, and his Honor made the order as, prayed. Re F. W. C. Haslam.—Mr Izard applied for direction that tba./deed-.pf ■.’COmposition--hersin should be annulling the bankiujtfty. tins - .Honor made the order as .

._...Moiiijirity-vy-.rFrisby.-r-This .was-a claim' for £235. and interest,, accounts, and in : ‘junction.'' 1 Mr Bruges,” Mr Willing," appeared for the plaintiffs, and Mr Purnell for the defendant. The statement of claim set out that .Robert Frisby, father of the plaintiffs and husband of the defendant in the action, having bought certain land for the benefit of his children, died. He duly occupied the land; and then let it, receiving £125 as rent up to the time of his death, and did not account to the plaintiffs for the same.- The defendant had, as executrix, received the rent and profits arising from the land since the date of her husband’s death. In September, 1898, the plaintiffs, with the consent of their guardian, had let-the. land, and received a quarter’s xent i for it. The de-. fendant claimed-to be entitled to the land, as executrix, and had repeatedly threatened to molest the plaintiffs’ tenant and to' seize his stock unless, be paid, the rent for her. The-plaintiffs asked the Court to decree that the defendant, and- Robert Frisby had received and - retained the rents and profits as trustees for. the'plaintiffs, and that the plaintiff should be asked ,to account for the same with interest. The plaintiffs further claimed all necessary accounts and inquiries, and that the defendant should be restrained‘from molesting the plaintiffs or their tenants.. The defence denied that the plaintiffs were the owners of the land referred to, that the defendant had by his will bequeathed the residue and remainder of his real and, personal estate to.his wife absolutely, and that the rents and profits of the ; land in question formed part of this residue. Defendant denied that the plaintiffs had let the land with the consent of their guardian, or that she had interfered with the present tenant.' The defendant further claimed that while Frisby-made a voluntary gift of land to the plaintiffs, he did so subject to the condition that he should' enfdy' the benefits accruing therefrom until the plaintiffs should have attained their majority. ■ If accounts in respect of the rents and profits were ordered to* bo taken, defendant claimed as a setoff the amount expended by Robert Frisby and herself upon the education of the plaintiffs from the date on which the lands were transferred to them.

Mr Purnell called auctioneer, nf Ashburton, who deposed ; to having sold the land in question to Frisbv,.'and,also as to the expressed intentions of the latter in regard to his daughters. Counsel -haying addressed the Court, his Honor gaye, judgment for £16.11s 3d for the plaintiff Moriarty, and ordered similar amounts due to the. other two plaintiffs to be set off as against their maintenance. No costs were allowed. .