TWO WANCANUI CASES.

Thames Advertiser, Volume XXVI, Issue 7606, 14 August 1893, Page 2

TWO WANCANUI CASES.

' ' ■ ~ ■■'♦ , ... .' •; • I' . [ Wellington, August 12, I His Honor the Chief Justice delivered p yesterday '-morning! 'id two j Wanganui cases One was the will case , of Nixon v. Nixon;; a, friendly action • j brought for the purpose of obtaining the , opinion of the Court as to the construetion of the will of the late Major Nixon, "| aid as* to the powers of' the trustees to 1 postpone the sale of the property passing under the will. His Honor, ruled that the postponement of the'sale of the land should be left.to the trustees', discretion, with power to 1 apply lid 1 the-dourt for , leave to sell at anytime. He held that plaintiff, who is a son of' deceased, was entitled ; to a' conveyance ,bf'the land , which had been retained bjf' tne,.testßtor for his own occupation'upftq tile centre line of the Matarawa'stream, and to' include the orchard on*the north,side of the stream. Costs as between'''tho parties were allowed to be paid out of, the esfete. The other case was that of ißimitjriti imd , others v. Cullinane, an action for dam- ' ages. Plaintiffs were awarded £75 as damages for defendant's failure to repair fencing, and £65 for damage, caused to certain land by the spread of gorse, Costs were allowed.