TOWN EDITION.

Marlborough Express, Volume XLV, Issue 79, 4 April 1911, Page 8

TOWN EDITION.

IPPE&I COURT.

THE "SECRET CASE."

[press association.]

WELLINGTON, ApYil 4. Tho Appeal Court to-day heard the case of Thomas Kennedy Macdonald, M.L.C., appellant, and Mary Rose and others, respondents. The action arose out of the administration by appellant of thei estates of Robert Greenfield, whose children are the respondents. In the statement of claim in the Supreme Court it was stated that -appellant was appointed executor and trustee under "the will of Greenfield, who died in 1895, and undertook the performance and execution of the trusts of the will, and also certain •settlements alleged to be made during the time he acted as trustee. Appellant failed to render the accounts" of administration, though repeatedly applied to by the respondents, who prayed that appellant be removed from office as trustee. An •order was subsequently made by consent to have the accounts taken in December, 1910. An order was made for the payment into Court of £3647 3s 3d, agreed to be due by appellant. Tho next step was a motion for leave to issue a writ of attachment against appellant for failure to comply with the order for payment. The order was duly made for the issue of the writ. Appellant -then moved, to set aside the writ. After further proceedings the case was removed to the Appeal Court to decide whether the Court had jurisdiction to make the order.