SUPREME COURT

Otago Witness, Issue 3275, 20 December 1916, Page 9

SUPREME COURT

DIVORCE AND BANCO. Friday) December 15. ißeforo ins Honor Mi- Justice iSim.) IIOOHE v. MOOSE. This was a motion tor decree absolute and for custody. —i\ir L>. Keid, jun., appeared for pet.cioner, and Mr Irwin lor respondent, wiio consented to the decree being made absolute.—Order made in terms oi motion. IYERSONS AND OTHERS V. Ji'ELl'.OY AXD OIHEES. This was a motion lor plaintiffs for judgment in terms ot draft.—Mr Stephens appeared in support of the motion, the other sido being represented by Mr J.la\v —Oruer made. IN RE W. F. SIM, DECEASED. Summons for tho interpetation of a will and for directions.—Mr Cook and Mr A. S. : Adams apeared in support; Mr Allan for! R. F. Mini, who represented tiie other defendants in Sim v. Todd and others, with the exception of the trustees; and Mr Moyle tor the trustees. —Mr Cook said what was sought was a decision as to tho meaning of the words "my household fur-> niture and household effects, and my farm stock, implements, and fanning effects."— * The question was whether the word "farm" meant tho testator's farm or whether it was a double word, and meant his farming stock. 'The question whether tho widow was to have- a free) uso of the farm. Learned counsel proceeded to give reasons why tho will should be interpreted to mean that the widow was to have tho free use of the farm during her life. —Other counsel having adressed the court, his Honor said the question waa wether the widow was entitled to the farm for the purpose of carrying on tiie faming business. It was obvious that she should carry on tho business that had been carried on. Ha thought it was clear that she was entitled to the farm for tho purpose of carrying on the business. Then, as to the motor car, certain words were sufficient to include) that. In regard to the last question, ho was not satisfied that the widow was entitled to the wheat and oats. In regard to the question of selling the farm, he thought probably the trustees should bo authorised to sell as suggested. An order would be made that the trustees had power to sell the farm.—Mr Cook remarked that the wheat and oats that had been used for, seed would not have to be accounted for. —■ His Honor replied that he did not think the widow would be obliged to account for those, and added that tho best course would probably be to submit a judgment and take it in Chambers on Tuesday morning: costs of all parties to be paid out of the estata IN CHAMBERSIn re Thomas lait, awaiting trial on a charge of forgery.—Motion for change of venue irom Dunedin to Oamaru.—Mr Lea appeared in support of the motion, and Mr \\ m. C. Macgregor, K.C., represented tha; Crown. —His lienor asked Mr Maegregoi! if he had read the application.—Mr Macgregor replied that he had, and that it seemed clear on the case that the application could not be granted. —Mr Lee then addressed tho court, contending that the! proper, court for trial was at Oamaru. He submitted that in ,a.U ordinary circumstances tho Oamaru Court was the court where the case would be tried. There were reasons for granting a change, and one was that the sittings at Oamaru had been fixed, and that the accused and his witnesses resided at Hampden, which waa much nearer Oamaru than Dunedin, and it would be more convenient to have the case heard at Oamaru than at Dunedin. Ihe case had been remitted to Dunedin on account of some previous happenings. It was the duty of the magistrate to send the case for trial to the court at which it would be tried under ordinary circumstances, especially when it was the court first sitting. Counsel contended that a reflection had been cast upon the Oamaris district, and upon tho Grand Jury.—M« Macgregor said there was no real suggest tion of inconvenience. His friend argued that a change should bo made on the. ground of some reflection upon Oamara! : Counsels pointed out that the editor of the( Times would have to bo called, and that there were, he understood, other witnesses here. He (counsel) understood that thai statement of facts was admitted, and the! magistrate who had committed accused wai prepared to make an affidavit as to what had actuated him in taking tho step hej had. The magistrate had unlimited dis-i cretion.—His Honor said he thought iti would be well to get an affidavit from thai magistrate as to the reasons for committal of "tho case to Dunedin, and reserved hisi decision pending the filing of tho affidavit. '