INTERESTING LITIGATION.

Marlborough Express, Volume XXXV, Issue 87, 18 April 1901, Page 4

INTERESTING LITIGATION.

A PECULIAR WILL CASE

Press Association. Electric Telegraph* Copyright.

Wellington, Api-il 17. Justice Edwards to-day was asked at the instance of the Public Trustee to apportion the estate of the late TIIO3. Banks, farmer, of Brooksidc, Canterbury, valued at about £1400. Banks was originally married in England, and had children by tliat marriage, There was a separation, Banks coming to the Colony, and his former partner"remaining in England, where she re-married. Banks also re-mari-ied with a woman who, by n singular coincidence, was of the same name as his first wife, in that her yjuistian name was Eleanor, and who had been twice previously married, her second husband being of the name Banks. These mari-iagcs"and inter-marriages have produced a crop of claimants, and the Courtis asked on tho construe! ion of tho will to decide whether the residue is to bo divided into two equal parts, tho grandchildren taking one share and the children of the first Eleanor Banks the other. His Horor reserved judgment.

Judgment in the case of Johanna FJockton and Geo. Leonard, a suit for specific performance, which contained some very unusual features, was delivered by Justice Cooper this morning. Plaintiff claimed the performance of an. agreement for the sale by defendant to her of a piece of land in Dixon Street for £700. The case was tried in March, and the defence set up was that the agreement was not sufficient to satisfy the statute of frauds, and that the defendant was so drunk at the time he executed the agreement as to be incapable -of understanding its nature and effect. . His Honor was of opinion as regards the first point that there was a sufficient agreement within the statute. As to the other point, defendant's witnesses had, in His Honor's opinion, greatly exaggerated Leonard's condition.