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New Zealand Times, Volume LII, Issue 9275, 22 April 1891, Page 3

Legal Notices In the High Court of Justice, Chancery Division, Mr Justice Chitty. 1887 S. 3022 1887 I. 13-7 Between Tin: Sovereign Life Assurance CoMrAsy, P’a : nt'ffa ; James Ski l'l’*'r. Adam, Thomas Harris Devonshire, John Alexander Akciikb, The Rbvei rend Annum Houghton, and Henry Devlrealx Davenport, Defendant?, And between Anne Inch, widow -on behalf of herself and all other the annuitants of the lale General Annuity Endowment Association, entitled under and by virtue of the provisions contained in ascertain Agreement of -he 22nd June, 1805, and a certain Deed of Arrangement dated the 22nd June, 1806, and entered into with the Defendants, or some of them), 1 la" 1 ' tiff; James Skipper Adam, '1 iiomas Harbis Devonshire, John Alexander Arctier, The Reverend Arthur Houghton, Henry Devkreaox Daves, port, and The Sovereign Life Assurance Company, Defendants. (By Original Action.) And between Francis Isce (on behalf of himself as the legal personal repiesenta. live of the said Anne Ince, and all others the said annuitant 1 -), Plaintiff; James Skipper Adam, Thomas Harris Devonshire, John Alexander Archer, The Reverend Arthur Houghton, Henry Deverkadx Davenport, and The Sovereign Life Assurance Company, Defendants, (By Order of Revivor.) TAKE NOTICE, that by the Judgment in these actions dated the 17th day of December. 1887, it was declared and adjudged that the trusts of the Indenture of the 22nd June, 1866, in the pleadings referred to, ought to be performed and carried into execution, so far as the same remain to bo carried into execution, and the Court did order and adjudge the same aooordingly. And It was Ordered, that tho following enquiries bo taken and made, that is to say : 1, An enquiry of what the trust funds subject to the trusts of tho said Indenture then consisted. 2. An enquiry who wore the persona interested in tho said trust funds, and how, and in what manner they were interested respectively, and in what respective shares and proportions. 3. An inquiry, what (if any) is the estimated deficiency of tho trust funds to secure the duo payment of all annuities and other sums payable by tho Sovereign Life Assurance Company, under or in pursuance of the Agreement of tho 22ad of June, 1805, in tho pleadings also mentioned, and of tho said Indenture of tho 22ud of Jane, 1860, except claims arising out of the Life Assurance Policies theiein respectively mentioned.

And it was ordered, that the conduct of all further proceedings under that Judgment should be committed to the plaintiffs, The Sovereign Life Assurance further consideration of the above-mentioned actions were adjourned. And any of the parties were to ho at liberty to apply as they might be advised. And take further Notice, that by an Order dated the 29th day of May, 1888, It was ordered that the further prosecution of the enquiries, Nos. 1,2 and 3, directed to be taken and made by the said Judgment dated the 17th day of December, 1387, be stayed until further order. And it was Ordered, that in lieu thereof the following inquiries bo made, namely : —■ 1. An enquiry of what the Trust Funds, subject to the trusts of the Indenture of 22nd June, 18G6, in the pleadings mentioned, consisted on the 4th of August, 1887. 2. An enquiry who were the persons interested in the said trust funds on the said 4th August, 1887, and how and in what manner they were in terested respectively. 3. An enquiry what (if any) was the estimated deficiency of the trust funds on the 4th August, 1887, to secure the due payment of all annuities and other sums payable by The Sovereign Life Assurance Company, under or in pursuance of the Agreement of the 22ud of Juno, 1805, in the pleadings mentioned, and of the said Indenture of the 22nd June, 1500, except claims arising out of the Life Assurance Polities therein respectively mentioned. And it was Ordered, that the costs of the application he costs in the said actions.

[Copy Order. J Id the High Court of Justice, 1837 S. 3922 Chancery Division. —— Mr Justice Cbitty. 1887 I. 137/ Saturday, the 10th day of January, 1891. Between The Sovereign Dike Assurance Company, Plaintiff*, and James Skipper Adam, and Others, Defendants. And between Ann Inch, Plaintiff, and James Skipper Adam, and Others, Defendants. And between Francis Ince, Plaintiff, and James Skipper Adam, and Others, Defendants. Upon the application of the abovenamed Plaintiffs. The Sovereign Lire Assurance Company, and upon hearing the solicitors for the applicants, for the plaintiff Francis Inoe, for the defendants in both actions, and for Lucy Augusta Malleson and Thomas Harris Devonshire, Howard Walter Williamson, Richard Hankins, and Richard Gunton, parties who, having been served with notice of the Judgment dated the 17tfi December, 1887, hove entered appearances thereto, and upon reading the said Judgment dated the 17th December, 1887, and the Order dated the 291 h May, 1888, and the affidavit of Thomas Harris Devonshire, filed the 20th day of March, 1890, and an affidavit cf Jambs Skipper Adam, filed 23rd February, 1889, It is Ordered, that service (otherwise than as hereinafter directed) on the persona claiming to be Interested on the 4th August, 1887, in the Trust Funds subject to the trusts of the Indenture of the 22nd June, 18C0, in the pleadings mentioned of notice of the said Judgment and Order be dispensed with. And it is Ordered, that service of notice of the said Judgment and Order, and of the Memorandum prescribed by the Rules of the Supreme Court, Order IG, Rule 43, in this behalf addressed, without naming or otherwise desoiibiog them, to all persons claiming to be interested on the 4th August, 1887, in the Trnst Funds subject to the trusts of the said Indenture of the 22nd June, 18BG, and of a copy of this Order by the publication thereof, or of a translation thereof in the several newspapers set out in the 2nd oaluran of the schedule hereto, and the number of times mentioned in the 3rd column of the said schedule hereto, be deemed good service of the said Order on all such persona, and that the time within which any of euoh persons may apply to discharge, vary, or add to the said Judgment and Order be six months after the last publication of such notice. And it is Ordered, that Thomas Harris Devonshire, Howard Walter Williamson, Richard Hankins and Richard O union, be authorised to defend in all proceedings in these actions on behalf and for the benefit ot all persona now subscribing for survivorship annuities to bo payable to persons already nominated or to bo nominated by them, and that the said Francis Inoe and Lucy Augusta Malleson be authorised to sue or to defend ae the case may requite in all proceedings m these actions, on behalf and for the benefit of all persons now entitled to annuities. GEO. A. CROWDER, Chief Clerk,

THE SCHEDULE above referred to