THE FISHER MEN'S FUND.

Otago Daily Times, Issue 11302, 21 December 1898, Page 4

THE FISHER MEN'S FUND.

A matter arising, out of a fund raised : o^ public-subscription in 1895 came before, his Honor Mr Justice Pennofather in ' Chambers on, Monday to decide as to the powerVof tha trustees to administer the fund. The fact 3 _i_ as follows:—In April of 1895 three fishermen named Peter Lawson, Joseph Drake, and JohJ. Driver ivero lost while proceeding; ui:-a whaleboat to the Nuggets. A public fund was raised .for, the_relief of fhe widows and children. , The trustees paid, tbe debts, of the "widows, and, after adjusting Mrs Driver's affairs, : finally settled with her, resolving to hold the balance, and'pay out of it 12s 6d per week to Mrs Drake

and 12s Gd per week to Mrs Lawson. Mrs Lawson subsequently remarried, and when , the trustees' heard of it they declined/to pay hei anything more, as they considered that.by'her. marriage' she and her children were'Vin , the meantime provided for. Mrs'Lawson,'now Mrs Erdniar.-i, originated a friendly suit to "ascertain from, the court whether the" trustee's were notcompellable to pay her the'l2s Gd'per.week. The;trustees, through Mr F. J. Sullivan.'resisted the application on the,ground that, the money was only raised for the'relief of distress and that they were not justified in continuing the payments to Mrs' Erdmann, beca'u's, 'part of the money would .probably be applied forthe benefit of her husband. Mr'-jPlatts appeared for Mrs Erdmann, and Mr Finch forthe trustees. The court held that Mrs Erdmann had ho legal right to compel payment; that the ■court would not interfere.unless it could ,be shewn, that the trustees were improperly.'exercising their discretion; that the papers showed the reverse—namely, that'the trustees were exercising their discretion wisely.-' As costs were hot. asked for the summons would-_be dismissed without costs. : ;■-'-.' V ■- -•