SUPREME COURT

Otago Witness, Issue 3380, 25 December 1918, Page 44

SUPREME COURT

His Honor Mr Justice Sim. sat in Banco on Wednesday morning to hear an application under the Family Protection Act, the application being in connection with the will of the late Allan Johnston, and the parties being Elizabeth Johnston (the widow) Robert Johnston, Albert Ernest Gascoigne (executors of the will), and the residuary legatees. Mr Tonkinson appeared for the plaintiff and Mr. Solomon, K.C., v with whom was associated Mr J. S. Sinclair, for the trustees and the other defendants. Under the will of the deceased the wife was entitled to the income of the estate, and the affidavits filed showeii that the estate was worth very little beyond the mortgage upon it together with other debts. The application, as already indicated, was that the court grant relief to the widow under the provisions of the Family Protection Act, by vesting the fee simple of the estate in her. Mr Tonkinson outlined the position, whereupon the judge raised the cmestion Tof hi» jurisdiction to grant anything but; 'a money payment under the Act. Mr Tonkinson contended that the wording of the Act was wide enough to cover the order asked for. Mr Solomon put it to the court that this was a case in which the relief asked for ought to be granted if it could be done. He suggested that the difficulty might be overcome by the court making an order for the sale of the property to Mrs Johnston at a price not less than the Government valuation, and that the court direct that Mrs Johnston receive any surplus above the debts owing. His Honor expressed tho opinion that it was a, proper case for the. relief asked for, and he adjourned the proceedings till next day in order that the application might then be dealt with in the manner suggested. * AUCKLAND, December 17. In the Supreme Court to-day Patrick Gunn, who had pleaded guilty to charges of breaking and entering and theft, was declared -an habitual criminal, and was. sentenced to two years' hard labour on each charge, the sentences to be concurrent. Charges of manslaughter arising out of a fatality in Khyber Pass on August 12 were jireferred against two taxi-cab driversSidney Carey and Rupert J. Morris. As a result of being run down by Carey's car, a tramway employee named John Patton was killed. The evidence was that the two cars came down hill, and on approaching an excavation on the tramway went on to the right-hand side of the road, Patton being struck by the second car as he was crossing the footpath. A verdict of not {ruilty was returned in both cases. AUCKLAND, December 19. Thomas William Gunn and Alex. R. Gunn appeared at the Supreme Court to-day for sentence on charges connected with the city burglaries. Both prisoners are now serving sentences for military offences expiring in June and July next. The court therefore deferred sentence until the May sessions, when testimony as to general ,erooa conduct will be heard, and their behaviour i in gaol will be considered.