SUPREME COURT

New Zealand Times, Volume XXXII, Issue 7301, 3 December 1910, Page 3

SUPREME COURT

SITTING IX CHAMBERS. Various matters were mentioned before Mr Justice Cnapman in Chambers in tiro hinpreme Court yesterday. Un tho application of Mr Beere, pernufcsicm was granted under the bottled Land Act to sell certain land belonging to the estate of George Beil, ae,ceased. , .. . . An echo of litigation of nearly thirty yeais ago was neurd on an application in the case of McGregor v. McGregor, being a summons for interrogatories and for uiscoverv. Mr A. \V. Blair, for the plaintiffs, saVd that the action concerned iut) compiomise or an action wliich took place m 1862. All tne parties were namou McGregor, one being called John, though he was known as "Jock” by all the other parties. “Jock" McGregor died, leaving considerable property. Aiper his death it was discovered mat shortly before ho died he had made over the whole of his properties to a niece, Christina Boyd. An action -was then commenced by the next of kin of “Jock" McGregor against Christina Boyd to set aside tne various conveyances, it being alleged that deceased had been unduly influenced by her. When the action was started it was discovered that Christina Boyd claimed under a will, which ■ was then included in the action to set aside, also on the ground of it being imado under undue influence. Subsequently it was discovered that deceased had made a prior will under which he had appointed John McGregor, a son-in-law, Jus executor. Supposing plaintiffs iwere successful, the whole of the conveyances and the will in favour of Boyd would have been set‘aside and the disposition of the property made under the will by which John McGregor was appointee! executor. John McGregor .was joined as a party to the case in his capacity as executor. After the action had proceeded for some time it was compromised. Mr Blair mentioned that the will in favour of John McGregor had not been x>roved., evidently not being then in existence, though a copy of it was. Under tho compromise, one Daniel McGregor, an administrator, got something, also Christina Boyd, John McGregor, the executor, getting the lion's share, in 1883 the next of kin took proceedings against Daniel, McGregor to make him account for the properties be had got under the administration. Join/ (McGregor also got something, and the present-action was identical to the action ; taken by the next of kin against Daniel McGregor, plaintiffs being beneficiaries .under tho will oi which defendant was 1 executor. An order was made that certain interrogatories should be within eight days. The action will be heard at Wanganui. Mr T. Young appeared for the defendants. In respect of the action pending between James .Alexander Hannah and Charles Nodine, a claim of ,£676 17s Id, alleged to be due for rent of premises on Lambton quay, on the application of Mr Dunn an order was made under the .Evidence Act that defendant, now in prison, should bo brought to the Court at the hearing of tho trial so that his evidence could be taken.