SUPREME COURT

Otago Daily Times, Issue 22293, 20 June 1934, Page 12

SUPREME COURT

CIVIL SITTINGS Two cases in which the estates of deceased persons were concerned were before Mr Justice Kennedy at a sitting ot the Supreme Court yesterday morning. FAMILY PROTECTION ACT.

His Honor gave oral judgment in the case in which Helen Jane Wilson, for whom Mr A. C. Stephens appeared, had asked for an order under the I aniily Protection Act making further provision for her out of the estate of her mother, Margaret Walker, of Milton- At the 1 leaving Mr J. H. Thomson had appeared for the executor and Messrs R. S. I rapwell and E. J. Anderson for defendants. In the course of his judgment Ins Honor referred to the circumstances of the plaintiff and her family. Ho stated that it was quite obvious that the applicant could not successfully conduct a farm in question, and expressed the opinion that the daughters were able to keep themselves. The son was provided for by a legacy. In conclusion he stated that he had no doubt that the applicant had failed to prove that the testatrix in making the will had failed in her duty. On the contrary he was of opinion that the will was a just one. The application would be refused. QUESTION OF PROCEDURE. Frances Forbes Davidson, who was represented by Mr J. C. Mowat, was the plaintiff, and the Public Trustee, for whom Mr F. B. Adams appeared, was the defendant in a case in which a forma) order was sought directing the registrar of the court to make inquiries to ascertain the domicile and next of kin of John Davidson, father of the plaintiff, who died at Abbotsford. Lengthy legal argument was devoted to the question whether the mode of procedure adopted by the plaintiff' was correct, his Honor indicating that he would reserve his decision on the points raised by counsel.