SUPREME COURT.

Star (Christchurch), Issue 2628, 26 August 1876, Page 4

SUPREME COURT.

Slut ,'. %i ail

'Z\. I Fmday, August 25.

SITTING IN CHAMBER.

* vti '(Before his Honor Mr Justice Johnston.) *' £ lit BB TUB DbBTOBB' AND ObBDITOBS' 'AOT IN THH ESTATE OV WIMJAM FHNBON. ' l —Mr Nalder applied for a rulo to show cause 'Why an order 1 should not issue to Fred. Tront or some other person to oall a mooting of creditors in Fenson's estate. It appeared that a summons had boon previously issued to ' be served upon Fenson for the purpose of compelling him to attend before tho Court to answer certain questions, and give certain ox > planations. In answer to that summons, Fen•on did not appear, and Mr Nalder produced Affidavits to show that tho summons had not ' been served, and that the defendant had purposeJygono out of tho way . A rulo wae granted as applied for, returnable next Tuesday. ,IK be Maeia Benjamin."— Mr Thomas mode application undor the following oiroum--stances: — It appeared that Mhria Benjamin was the widow of ono Mr Messaut, and that as such widow she was parent and guardian §6 throe infants, viz., two girls and one boy, who were , jointly entitled to certain property left by tho father, who had diod without leaving §, will. His widow had subsequently married , again, still retaining the guardianship of the ohildren, and looking affcor the property left "fay her husband. The male infant, however, lud recently died, and there were now only the two girls loft to share the property. No letters of administration had been taken out. The father had died before the passing of tho new Act, and the son after the. Act had passed, so that the oase presented some very peculiar features, ono of them, for instance, being to whom did the property that the boy was entitled to descend by right of law, thero having boon no title proved and no letters of administration granted. Mr Thomas' application was for the approval of the Court of a oertain lease that had been made by the mother of tho ohildren on (heir behalf. After considerable argument had ensued, the Court at first deoided that „ there was clearly no title under the oirounv stances, and until letters of administration were taken out and the title settled, the Court , could not interfere in the matter ; but, subsequently, the matter was reconsidered, and his Honor granted the order, subjoot to tho j required notice being gazetted. .