THE TUCKWELL CASE

Otago Daily Times, Issue 15100, 24 March 1911, Page 6

THE TUCKWELL CASE

AI'PROACHING FINALITY

Ukitrii I'liF.ss Association.)

WELLINGTON, March 23. The protracted action known :ig t!x> Tiickwe.ll will case was before the Supreme Court, Mr Justice Cooper presiding, again to-day, when a definite stop towards finality was taken. The estate is valued at about £BSO. Mr A. W. Blair appeared for Gillespie, who had given eviden-oa as to having seen Tnclrwcll in Australia, Mi Machell for the next of kin, and Mr J. W. M'Danald for the Public Trustee.

Mt Blair put in an application for Gil■kspie'e costs. Gilkspie, said his Honor, came at the invitation of the court to clear hie character. If his Honor granted administration to the Public Trustee the latter would be entitled to pay all proper claims against the fun-d, axd then it would be proper to make a request for the payment of Gillespie's costs. At pTe:ent he had no jurisdiction over the fund, as it was held by the Public Trustee for Tuckwell, and the only motion was one for administration.

Mr BJair maintained that costs could rightly be granted as Gillespie had given material assistance. He had been invited into the proceedings, and a hardship would be inflicted if after going to all the trouble to collect information his costs were not paid. If for 110: other reason costs should be allowed owing to the unjustifiable allegations made against him by the family. Mr Mac Donald objected to costs being allowed. They totalled £47 ss, of which 25 guineas was on account ol the attendance of counsel. His Honor said the latter item could not possibly be allowed.

Mr Mac Donald said Gillespie was never in court except as a witness. His Honor said that he had no power at present to make the order for cests, and he doubted if he could make it on any future application.

Mr Mnchell then asked for the letters of administration to be granted to the Public Trustee, as tho latter had made an affidavit that after due inquiry he wa6 satisfied that TuckweJl died intestate, and submitted that no further proof wrs required. Hie Honor replied that this would be so in an ordinary case, but this was not an ordinary case. He thought, however, that there was sufficient evidence of death. The matter hnd been fully proved, and he was of opinion that the court could presume death, though at no particular time. He would not order the Public Trustee to pay out at oikk, as he could pay at any tame lie decided upon, and somebody might turn up expected])'. For all ho knew there might be a child. All , that he could do was to make an; order for administration and presume that Ttiekwel.l died intestate.

In reply to Mr Machell his Honor said ho would express no opinion as to the distribution of the estate, as the Public Ti'iistee must decide that. He (his Honor) would not say that Tuckuell was either married or a bachelor. Mr Mac Donald informed his Honor that the question of distributing the estate would have to come before thet court on an originating summons as a direction as to whom to pay was needed. Replying to Mr Macfccll, his Honor said he would not give any direction regarding advertising for the nurpcee of .ascertaining whether Tuckewll loft any direct heirs. The Public Trustee wraltl have to exercise his discretion in that matter.