MAGISTRATE'S COURT.

Star (Christchurch), Issue 5881, 21 March 1887, Page 3

MAGISTRATE'S COURT.

CHRISTCHURCH. This Dat. (Before R. Beetham, Esq., R.M.) Interpleadebj.. — P. Henley v. Annie Brandt (Mr Izard). John Dal ton v. Annie Brandt (Mr Weston). Samuel Early v. Annie Brandt (Mr Deacon). S. Chapman v. Annie Brandt (Mr Deacon). Claimant in each case, Henry Harrison (Mr M'Connel). Mr M'Connel said the defendant was the widow of one Conrad Brandt, farmer, who died on Jure 22, 1883. The will was proved on August 7, 1883. HeDry Harrison was the executor of the will, and the claimant in each case of the goods seized under each distress. Harrison claimed sundry cattle and two horses, besides household furniture, of which a list was read in Court. Mr Deaoon abandoned all claim to these goods, and asked for costs against the claimant. A note of the request for costs was made by the Bench. Mr M'Connel read the will, by which the farm and goods were bequeathed to Conrad ■ Brandt, jun. Harry Harmon said he was i one of the executors of the will. Mrs Brandt, under the will, was allowed the , use of the farm so long as she remained j single. He took it that if any of the cattle • died or were sold they were to be replaced |by Mra Brandt. To Mr Izard : Mrs Brandt ; kept no account. She proved for the ; children, and paid the interest on the j mortgage. The farm was 100 acres, and was mortgaged for .£SOO. To Mr Weston : Two of the horses and two of the cattle that were on the plaoe when the man died were now there. Could swear to the horses, but not to the cows. The horses were worth about JBIB. The cattle now on the plaoe, were, he supposed, the natural i increase. Mr Izard argued that though Harrison was executor for the will, he was not young Brandt's guardian, nor the Trustee of the estate. Mr Weston said a trustee should be appointed by the Supreme j Court. Harrison's office oeased when he paid the debts under the will. Mr M'Connel said the boy was fifteen yeare old. If she married before six years had expired she would have to pay 18s per acre per annum rent to her son through Harrison, who was therefore constituted, trustee as well as executor of the will. He argued that it lay on the other side to prove that the cattle were not those he claimed. The j Bench would make an order. The only j two things to be exempted wonld be the j two horses identified. Costs would be i allowed to the three solicitors.