CRIME RECALLED

New Zealand Herald, Volume LXXIV, Issue 22819, 28 August 1937, Page 17

CRIME RECALLED

] UNSOLVED MURDER PENDING LITIGATION ' GUARDIANS APPOINTED f YOUNG MOTHER AND SON f: An application which recalled the murder of Ernest Sevcrin Nelson on his farm at "VVaihou Valley, Okaihau, on June 9 of last year was brought be- ' fore Mr. Justice ,Ostler in tho Supreme Court yesterday. The application was a preliminary step in what is expected to be protracted litigation regarding the inheritance of deceased's estate. The estate was recently conservatively valued at £15.000 and tho income from "it at £1705 a year. - Legal steps were taken last June by thrco brothers of the deceased to have , a declaration of" the Court that tho child born to tho widow on November 10 last is, not tho son of Ernest Sevcrin Nelson: Deceased, who -was then 55, was married to Mrs. - Nelson, then 18, at Rangiahua on February 26, 1936. Ho died leaving no will. The' plaintiffs in this main action are William Sigfrid Nelson, farmer' of Pakaraka Bay, Bay of Islands, and Noil Rudolph Nelson and Charles Oscar Nelson, farmers of Hawke's Bay, and the defendants aro the widow, Jane Nelson, and her son, Ernest Sevcrin Nelson, Miss Nellio Nelson, and the Public Trustee, it. Directions Sought Mr. Trimmer appeared before Mr. Justico Ostler yesterday to ask for directions as to the appointment of guardians ad litem for the mother and child, both of whom arc infants in law, and for directions as to the fund out of which tho costs of conducting tho defence should be paid. Mr. Turner appeared for Mr. W- H. G. Kensington, "solicitor of Auckland, guardian ad litem for Mrs. Nelson, and Mr. P. J. Ryan represented the Public Trustee. His Honor said he had looked into the papers and it seemed to him absolutely necessary' that the two infants should bo separately represented. 1 Mr. Ryan said that the attitude of the Public Trustee was that he wished to leave the matter altogether to tho discretion of tho'Court. His Honor said if it turned out that the infant son was the son of the dead man then no difficulty arose, but if it turned out that ho was not, His Honor 0 was a little doubtful of his jurisdiction to order the costs of the guardian ad i litem to' bo paid oiit of tho estate. Powers of the Court , f Mr. Trimmer submitted that under >' its inherent jurisdiction tho Court should and could make an order for tho payment of the child's defence out of the funds belonging to the mother although the mother was an infant. The order asked was definitely in the in- ' "tcrests of the child and also from a . practical point of view in tho interest of Mrs. Nelson herself. If the child . 'r'. was successful in the ponding.litigation - Mrs. Nelson would receive a third of the estate. If the child was unsuccessi§! ful Mrs-:Nelson would receive £SOO plus two-thirds of the; .estate. If, however, the child succeeded and !*!•€- received two-thirds of the estate, Mrs. Nelson for the next 20 years would be able to receive the income from that '?;ff fund for the maintenance of the child, i;s and her-own fupds would bo free from f ! any liability to maintain him. If the 'f|.' child died before reaching the age of 'p\ 21 the mother would receive the whole V. of the child's estate. '"His Honour said he wonld not re- ! quire .to hear , further argument. It 'fcV was -absolutely necessary-: that both | mother and child should be represented Y in the litigation and it seemed just as j, necessary that /they should be separately represented. He was satisfied v;- that it was to the benefit both of the mother and of the mother's estate that t a guardian ad litem should be appointed f for her son as well as for herself. Heavy Expense Expected I® Mr. Trimmer mentioned that there was likely to be- very heavy .expense to ;;pr" be met on account of the medical evi- %'•, dence, some of which would have to Z&l come from other parts of New Zealand. : His Honor: Is there going to bo some ; :< iA question of blood tests? Mr. Trimmer: No, it will be one of chemical operation. J 'His Honor made an order: (1) That. '- ""each infant be separately represented by a guardian ad litem; (2) that if the 60n's defence succeeds his guardian ad litem shall be indemnified out of his share of the estate; (3) if the son's defence fails then indemnification shall be out of the mother's share of the estate; (4) that the mother's guardian ad litem shall be indemnified as to costs out of her share of the estate. Mr. D. McCarroll, child welfare officer at Whangarei, was appointed guardian ad litem for the child and Mr. Kensington for the mother. The question of costs on the present motion was reserved.