SUPREME COURT.

Stratford Evening Post, Volume XXXI, Issue 40, 2 October 1911, Page 6

SUPREME COURT.

WELLINGTON SESSIONS,

A MANAIA CASE

(Per Press Association A Wellington, October 1

At the Supreme Court on Saturday, the Chief Justice (Sir Robert Stout)

heard an originating summons, under the Declaration Judgments Act, lor an interpretation of the will of Philip McCarthy, deceased. The parties were Francis McCarthy, of Manaia, bootmaker, and /Florence Thomas McCarthy, of Manaia.

Mr Millar Appeared for plaintiffs, and Mr Bernard McCarthy, of Hawera, was solicitor for defendant. Mr A. W. Blair appeared ior C. J. McCarthy, a beneficiary, Mr H. D. Bell, K.C. (with him Mr E. J. Fitzgibhon), for plaintiff's, and Mr C. D. Morrison for defendants. Plaintiffs were legatees in the estate of Philip McCarthy, deceased, and asked” for a doclatory judgment declaring that under the will all the property was specifically devised to Francis McCarthy, vested m him absolutely on the death of Esther McCarthy, widow of deceased, ailcl that he was now absolutely cntitisd to 'the''’property. Philip McCarthy died on June 12th, 1910, and the widow died on September 23rd, 1910; The question for the Court was whether The two sons took a life interest or had aii absolute bequest on the. .death .of their mother.

His Honor hold that they had an absolute interest on their mother’s death, and that the trustees should distribute the estate accordingly. Costs as between solicitor and client were ordered to be paid out of the estate.