COURT OF APPEAL

Otago Daily Times, Issue 21924, 8 April 1933, Page 13

COURT OF APPEAL

INTERPRETATION OF WILL IMPORTANT ISSUES AT STAKE. (Pee United Pkess Association.) WELLINGTON, April, 7. During the sessions of the Court of Appeal held in September of last year the court commenced the hearing of argument on an originating summons taken out by the trustees of the Hon. William Barnard Rhodes, who died on February 11, 1878, for the purpose of interpreting the last will of the deceased, dated February 9, 1878. The matter was briefly heard and was then adjourned until this present session for further consideration. So important and difficult are the questions raised by the originating summons that the Chief Justice (Sir Michael Myers) has summoned both divisions of the Court of Appeal together for the hearing which commenced to-day. On the Bench are the Chief Justice and Mr Justice Reed, Mr Justice MacGregor, Mr Justice Ostler, Mr Justice Blair, Mr Justice Smith, and Mr Justice Kennedy. Eight counsel (Messrs Hadfield, James, Levi, White, Cornish, Evans, Tripe, and the Solicitor-general (Mr A, Fair) are engaged for the hearing, which it is estimated will take two or three days. The originating summons asks for the determination of the court on several questions concerning lands forming part of the Highland Park estate, Wellington. The argument of Mr Hadfield, counsel for the trustees, occupied the whole of to-day. He urged that the estate tail had vested in Captain W. B. R. RhodesMoorhouse, V. 0., prior to his death in the war in 1915 and consequently on his death in his son, W. H. Rhodes-Moor-house. The hearing will be resumed on Monday. INDECENT ASSAULT CHARGES NEW TRIAL REFUSED. (Per United Press Association.) WELLINGTON, April 7. On March 16 and 17 the Court of Appeal heard an application by Walter Anderson Clifton for a new trial of both charges of an indictment charging him with indecent assault. The case was tried at Wellington on October 31 and November 1 last, when the accused was found guilty. The court this morning delivered its reserved judgment, and dismissed Clifton’s application. Their Honors held that after carefully considering all the evidence they were unable to come to any conclusion other than that the application should be dismissed. Clifton was ordered to surrender himself for sentence on Monday next. STREET IMPROVEMENTS CASE (Per United Press Association.) WELLINGTON, April 7. The Court of Appeal reserved its decision in the case of the Palmerston North City Council versus Waghorn and Wrightman. In this case the local authority seeks to establish the right to recover from the owners of street frontages half the cost of permanent improvements.