A MARRIAGE SETTLEMENT.

New Zealand Herald, Volume XLVIII, Issue 14807, 10 October 1911, Page 8

A MARRIAGE SETTLEMENT.

" r ACTION BY TRUSTEED '*- , .- ■ ■ — S - . -■ ~ ,?g [BT TELEGRAPH.—PRESS ASSOCIATION'.] Wellington, Monday. //The Court of Appeal (Judges Williams, : Edwards, and Chapman) sat this morning to hear argument in a case removed from the Supreme Court, Baird and; others v. Fergusson and another? The action is by the trustees of a marriage settlement entered into by the defendant, Gjtha Enid j Fergmison (nee Williams) on : the* occasion /'of her. marriage in Scotland in 1901, for the enforcement of the settlement by trans.'■fer to them of property acquired* by Mrs. ""' ; •Fergusson since the settlement. /Mrs. Fergusson- was at the time of the exertion >under 21 years of: age.' The questions' which! arise are whether the :■ defendant, Mrs. Fergusson, has confirmed the settle.inent by not disclaiming on her coming of ~>ge; secondly, whether, as the settlement _was made in Scotland, her husband's -.-'domicile, the settlement is not governed by .'Scotch law. If the settlement is governed /by Scotch law, a further question will arise as to, whether the said defendant affirm the settlement, and this, will, j have to be "decided-by a commission to Scotland to enable the Court to be seized of the Scotch - law. Mr. Bell, K.C., and Mr. H. P. Richmond appeared for. the plaintiffs, and Messrs, 'J.' R. Reed and Dr. Bamford for the defendants. '■■'"' After a hearing lasting through the afternoon the case was adjourned until to- ;, / ; . . : ./ '-. '■: "■'■•-■ -■..-•• .-.v-,-; : v ■•-.:...- - -, *. • •'.■■;■■;■ .:;