THE FULL COURT.

Marlborough Express, Volume LI, Issue 153, 30 June 1917, Page 4

THE FULL COURT.

AN^ INTERESTING CASE.

ALIEN ENEMY AND A BEQUEST!

[Pkess Assocuhon.]

WELLINGTON, June 29. The Full Court this afternoon, heai'd argument on an originating; summons in re, Elizabeth Rainhani,1 * deceased, arid the Public Trustee v.| John Henry Heidemann. Testatrix by her will left certain .freehold property to1 the" defendant Heidemann, v/ho is an alien enemy, and the questions for the Court's* determination are : (1> Whether the abovenamed defendant John Henry Heidemann is entitled to acquire and holdfor his own benefit freehold property in the estate of the said Elizabeth Jane Rainham, deceased, devised to • him under her" w ill;; or. (2) whether such freehold property vosts.:. in the > Crown by virtue of the fact that the said John Henry Heidemann is aii alien enemy. •■■: : Mr Hay, for the Public Trustee, submitted to the judgment of ■ :■' the' Court. , •; . :

The Solicitor-General (Sir J. W. Salmond, K.C./j for the Grown, askedthe Court to make a declaration that/ the land was held in trust for the; Crown. He said that the question/ depended on common. law and our," New Zealand legislation. Common law was in force except as to:alien, friends resident in New Zealand; Alienr enemies were therefore, he submitted, subject; to common law, bywhich an alien) whether friend - pr~ enemy, was riot: disqualified from acquiring land -or -an equitable' interest therein by purchase or devise, but what he acquired he acquired not: for hiniself but J for the] Grown. la the present case the Public Trustee, as administrator, held the land iit trust*for Heideniarih, find tlie Crown was1 -to have that trusts executed dn.its favor.

- Mr R. H. Webb, • for Heidemann,.': :i submitted $o the judgmeiit of ther. \ Cotirt, and stated that his1 client only'; desired that the property be passed^ on to the-daughter of the testa-trixr • if the Crown could see its "way to da 50.7 ■'■■■■-. y . ■•■ ■..-••.:•... ''. 7 ■•■.• ••" ••■; >

Tlie Coxirt reserved its decision