SUPREME COCRT.-CIVIL SITTINGS.

Timaru Herald, Volume V, Issue 110, 16 June 1866, Page 2

SUPREME COCRT.-CIVIL SITTINGS.

Tuesday, June 12. His Honor Mr. Justice Gresson took his seat on the Bench at 11 a.m. precisely. RIIODE3 AND ANOTHER V. RHODES. The following gentleman composed the Jury m this case.— Messrs. Li. Deans (foreman), F. H. Tipping, E. M. Templer. B. Bnchauan, J. Macpherson, J. H. Bennett, E. B. Bishop, J. G. Hawkes, H. E. Ensor, W. B. Brown, T. H. Potts, H. W. Mytton, and M. J. Burke. Mr. Harper appeared for the plaintiffs, and Mr H. Wyun Williams for tlie defendant. Mr. Harper said that the action was brought to establish, the will of the late Mr George Rhodes. Henry Woods, a clerk m the Registrar's Office, deposed — The will produced is that of the late Mr George Rhodes, of Titnaru. lam the proper officer for keeping such documents. Henry William Deny deposed — I am a blacksmith residing m Lyttelton. I signed the will produced as one of the attesting witnesses. I saw Mr Rhodes and the other witnesses also sign their names to the will iv the office of Mr Wormald, Lyttelton. Jonathan Redmayne, one of the attesting witnesses, has since been drowned m Lyttelton harbor. Richard Wormald, one of the other witnesses, has died since signing the will. Mr Rhodes was of sound mind at the time he made his will. John Hare deposed— l am a Clerk to the Bench at Invercargill. I was formerly a clerk to Mr Wormald iv Lyttelton. I signed the codicil to Mr Rhodes' will as one of the attesting witnesses. 1 saw the other witnesses also sign their names. The witness then proved that the codipil had been executed m a le<ral manner. W. T. L. Travers proved the absence m England of one of the attesting witnesses to the codicil. Evidence was brought to prove the absence from the province of another of the attesting witnesses. Mr Wynn Williams wished to offer no opposition. His Honor stated to the jury that the case had been brought to formally establish the will of Mr George Rhodes — such a course was necessary when there is real estate left, and the infant heir at law ousted.

The jury returned a verdict for the plaintiff of all the issues. — Prena.