SUPREME COURT

Otago Daily Times, Issue 18673, 30 September 1922, Page 13

SUPREME COURT

Friday, September 29. (Before His Honor Mr Justice Hosking.) An Appeal Adjourned.—John O’Connell, police constable, v. Maurice Joseph Purton, hotelkeeper, Clyde—an appeal against the decision of Mr E, C. Levvey, S.M. The case arose out of a charge against the defendant of selling liquor after hours. He had pleaded not guilty before the magistrate, who, after hearing the evidence, dismissed the information. Mr F. B. Adams represented the appellant and Mr D. Ramsay the respondent.—Mr Adams said that a preliminary objection had been raised to the appeal by moans of affidavits from Messrs Keddell, solicitor - , and Purton. 'these had come to hand only during the last two days, and the appellants had not had time to consider them.—Remarking that the people Mr Ramsay represented should have given more notice, his Honor said that he would grant an adjournment until Tuesday to let Mr Adams look into the position. The Families Protection Act. —Georgina Jane Crawford v. Samuel North Crawford and Frederick Walter, executors of the will of the 1 late Samuel Crawford—>an aopenl under the Families Protection Act. —Mr F. B. Adams, for the plaintiff,, and Mr C. Payne for defendants.—Mr Adams said that the testator was a small farmer near Tapanui who had died in January, 1921. The whole of his estate was left between two sons apart from an annuity of £?6 to his widow.—That amount had been paid for one year. Counsel thought! that_ the testator’s primary idea was that the widow should live on the farm with the two sons, but this had not worked out. The elder of the two, Samuel North, was now married, and had a child, and the other was 17 years of age. Mr Adams explained that the widow had made the summons on behalf of two female members of the family. —The estate was worth £BSO, and Mr Adams submitted that the overriding point, was the support of the widow in whose cause, if necessary, the estate should. bo exhausted.—His Honor said that he did not like the idea of exhausting an estate on one person. The Act was not designed with the idea of setting aside the wishes of a testator. He did not see any reason why the family should not come to the mother’s assistance. —Mr Adams remarked that, unfortunately, the sense of duty in that respect was not as strong as once upon a time.—His 'Honor: No, the duty is enforced by the Destitute Persons’ Act now.—Mr Payne suggested that £4OO be set aside for the widow and the balance divided between the two beneficiaries. If it were decided whether or not provision should be made for the daughters, it would be possible to make an arrangement regarding the widow.—His Honor: I shall cut them out.—Mr Payne, addressing the court, suggested that £4OO should be set aside for the widow with trustees, she to be paid 30s per week' while the money lasted.— His Honor said that the widow should bo paid arrears (£2O) and £3O for hospital ex r penses; the balance might be invested, and out of not more than £4OO the trustees should have power to bring the income up to 30s per Veelc. The trustees would be .in a position to judge if the money should be advanced to enable her to set up a home. Other applicants would he excluded from benefit, the balance accruing to the beneficiaries under the will.— An adjournment to Wednesday to enable an order to be settled was made.