Civil Sittings.

Star (Christchurch), Issue 5994, 1 August 1887, Page 2

Civil Sittings.

THIS DAT. (Before TTib Honor Mr Justice Johnston.} ADAMS V. JOTNT. Mr Martin, by consent, obtained an. adjournment of this case till the September sittings. JAMES V. THE PUBLIC TRUSTEE. Mr Austin appeared for the plaintiff ; Mr Martin for defendant. Mr Austin opened to the effect that the plaintiff, John James, was a brother of one Edward James, who formerly owned property at Timaru, but had left that place in 1866, and after going to Victoria and New South Wales, was lost eight of in 1880. He was intestate, and hia estate had bees administered under an order of the Court. A curious circumstance in connection with the case was the fact that an impostor had impersonated Edward James some time ago, and given a transfer of the land. The parents of Edward James, who are dead, had five daughters and four sons. He was the eldest eon. His eldest brother Edward is dead, as is one of the sisters. The plaintiff is the eldest surviving brother. The defendant had received a letter telling him that the deceased, Edward, had married and left one child, but there was no proof of this. The defence admitted the possession of the property by the deceased, and hia leaving Timaru, but required proof of the truth of the claimant's other statements. Much of the evidence, which had been taken on commission in Victoria, was read by Mr Au6tin, who then called Charles Daniel De Castro, chief clerk in the Public Trusts Office: Produced the order for administration of the estate of Edward James, and the claim of the plaintiff. Cross-examined : Had had other claims, one from Charle3 James, of Southsea, Hants, and Henry Edward James, of Eaglehawk, Victoria. No steps had been taken by Charles to enforce his claim, which waa made in April, ISBO. Henry Edward's claim was dated in October, 1880. He claimed to be son of the deceased Edward. The plaintiff's claim was dated March 3, 1883. Until this action no proceedings were taken to enforce any of the claims. The Trustee was willing to resign to any proved next of kin. This was the case for the plaintiff. His Honor thought the identification of the parties was proved, aud that every care had been taken. The plaintiff, on finding due security, was entitled to the administration. Mr Austin asked that the administration might be made under the direction of the Court. George Hart, of the Bank of New Zealand, Timaru, was here called, and proved that the deceased, Edward James, deposited with the Bank the license to ocoupy, but no will. His Honor was satisfied that plaintiff was next of kin, and made an order for administration in his- favour, the terms of the decree to be settled in Chambers. The Court adjourned till 10.30 a.m. to-morrow (Tuesday).