SUPREME COURT.

Star (Christchurch), Issue 5219, 27 January 1885, Page 3

SUPREME COURT.

+ In Chambers. THIS DAY. . 1 (Before His Honor Mr Justice Johnston.) RE M'RAE V. lI'RAE. Mr M'Connel appeared for the respondent in support of his Bummons calling upon the petitioner to show cause whjr the decree nisi granted herein should not be suspended. Mr Joynt, who appeared for the petitioner, contended that Mr M'Connel had no locus standi. I Mr M'Connel submitted that section 7of the English Act, 1860, was not incorporated in the New Zealand Act, and contended that the respondent had a right to intervene. He had not had tho time allowed him to intervene. His Honor said that this was going into . the merits of the case, and not as to the

locus slandi. As regarded the question • between the petitioner and respondent that j was decided by the rule nisi, and the subse- i quent intervention was not allowed in the interest of the respondent but of the i public. | Mr M'Connel submitted that the j Court of Appeal had in the caso of Digby v. ! Digby held over the proceedings till the writ was served. His Honor asked if this caso had been reported. Mr M'Connel said it was not, but he remembered that when he was in Wei- j lington the practice was to wait for an affidavit. His Honor was clearly of opinion that the summons must be dismissed. Mr Joynt quoted the case of Ellis v. Ellis, 8 L.E., Probate Division. His Honor said that the object of the ; Legislature was to say that the case should • be met at *the application for the decree j nisi, but not that the respondent should come afterwards and show cause why the j decree should not be made absolute, when he had not even submitted himself to cross-examination. If Mr M'Connel had a locus standi, he coiild not succeed on the fact 3 stated in the affidavit. .Mr M'Connel said he had instructions to appeal. His Honor dismissed the summons with costs, jj Mr Joynt applied to have the decree sealed. probates, &c. Be Eobert Grim wood and re F. G. P. Leach. — Mr Spackman obtained leave to register probate copies of wills instead of the original. Be ' Alfred Leonard deceased. —M^ Loughrey obtained probate to Alice Leonard, the sole executrix. Be Sarah M'Main deceased. — MrCotterill obtained probate to Elizabeth M'Main, the sole executrix. Be Eobert Marshall deceased. —Mr Cotterill obtained probate to the executors named. Be Eliza O'Brien deceased. — Mr Slater obtained probata to the executors named. Be Frederick Seal deceased. — Mr Slater obtained probate to S. Mountford, one of the executors, the other having renounced.