THE SUPREME COURT.

New Zealand Herald, Volume LII, Issue 15884, 3 April 1915, Page 5

THE SUPREME COURT.

POWERS OF TRUSTEES. AMBIGUOUS SECTION OF ACT. The judgment of Mr. Justice Stringer in the matter of the will of Thomas Short was read by the registrar, Mr. R. G. Thomas, at the Supreme Court on Thursday morning. The plaintiffs were Frederick Jabez Bennett and Thomas Ernest Short (Mr. J. P. Campbell) and the defendant was the Public Trustee (the Hon. J. A. Tole, K.C.). Mr. Ziman appeared for Elizabeth Short and Frank Short, who were interested in the will. His Honor said this was an originating summons issued under the Declaratory Judgments Act, 1908, applying for the. interpretation of section 109 of the Trustees Act, 1908, in connection with the powers of the trustees, under the will of j the late Thomas Short, who leased certain lands forming part of the estate. The section of which interpretation was sought was exceedingly ambiguous and ill-drawn, and one which he did not think should be invoked by the trustees if any other course of an unobjectionable character could be adopted. He thought such a course could be found in the Settled Lands Act, 1908, section 29, under which not only could the trustees obtain all the assistance sought by them in the present application, but the interests of the infant beneficiaries could be considered and protected. The jurisdiction of the Court to make a declaratory judgment was discretionary, and in the exercise of this he did not think it was proper to make any judgment or order in this case, and, therefore, declined to do so. The summons would be dismissed. The costs of all parties were to be paid out of the estate.