SUPREME COURT.

Star (Christchurch), Issue 5489, 14 February 1896, Page 2

SUPREME COURT.

■«* '■■ IN CHAMBERS. Friday, Feb. 14. (Before his Honor Mr Justice Denniston.) BE SUN NEWSPAPER COMPANY, IN LIQUID* ATION.) Mr Hunt appeared in connection with a motion for settling the list of oontributories. Mr Joyce, who had previously objected, said that, having become acquainted with all the circumstances, he no longer objected to his name' being on the list of contributories. His Honor said that, in that case, he would make the order accordingly. Mr Hunt applied for an order appointing a solicitor to the official liquidator. After a brief discussion, his Honor granted the application. Mr Hunt asked if his Honor had granted an order settling the claims. His Honor replied that he had not. The matter had stood over. Mr Bussell said that Mrs Garmson, one of the claimants, was not represented. Mr Hornsby, another, was very ill. ' After some further conversation, the matter was allowed to stand over. BE PETER HABBIS, DECEASED. Mr Byrne obtained an order for executor's commission herein. , COLONIAL " BANK ' V. MERCANTILE FINANCE AND AGENCY COMPANY. On the application of Mr Russell, for the defendants, his Honor granted a special jury of twelve herein. BE H. EATON, DECEASED. On the application of Mr Byrne, for Mr Slater, the registrar's report herein was confirmed. RE DEEDS REGISTRATION ACT AND RE JANE PALAIBET, DECEASED. Mr Byrne, for Mr Slater, obtained leave to register probate copy of will herein. RE ROBERT FEAR, DECEASED. Mr Helmore obtained probate of the will of Robert Fear, deceased. FLEMING V. FLETCHER. In connection with a motion for administration and the appointment of new trustees, Mr Bussell, for the plaintiff, said that his learned friend had given him no assistance in the matter, though the names of three gentlemen, two of whom were personally unknown to him (Mr. Bussell) had been submitted to him. Mr; Loughrey- appeared for 'Mr Arenas, the tenant for life. His Honor asked what objection there was to the Public Trustee. • Mr •Russell said that the Public Trustee was in , Wellington, and not easily accessible. Mr Arenas, the tenant for life under the will, objected to the trustees the plaintiff wished to appoint, but gave no reason except that the Public Trustee would not have to find sureties. He (Mr Bussell) . would submit that if the life interest of the tenant for life were protected, the wishes of the beneficiary were entitled to be considered in the appointment of trustees. His Honor said that s the entire subject of the trust was a matter of contest between the tenant for life and one of the beneficiaries, and there was a suit pending in the Court in connection with it. That being so, it was highly desirable that the trustee be a party entirely unconnected with either side. He was not casting any reflection on the gentlemen whose names had been suggested, but the fact that they had been suggested by one party rendered their appointments undesirable. He saw no reason why a public officer, specially intended for such cases as this, should not be appointed. As to the difficulty of communicating with that officer, he did not see that any interests would be prejudiced by that. The tenant for life would, it must be remembered, have to pay all the costs of the matter ; the parties could not agree as to a trustee, and, therefore, the case was one in which a public officer should be appointed. The order would be. for the appointment of the Public Trustee. Mr Bussell asked what about the order to administer. Mr Loughrey asked that this order should be adjourned. After some conversation, the order to administer was adjourned to next Chambers sittings. RE JAMES THOMPSON, DECEASED. Mr Helmore obtained an order for further probate in regard to the will of James Thompson, doceased. PRINB V. OVENDEN. Mr Fisher, for the defendant, appeared in support of a motion for delivery of interrogatories. Mr Beswick appeared for the plaintiff, and objected to one of the interrogatories asked for, on the ground that it was a

■matter which should be dealt with in the statement of defence. TTia Honor upheld the objection, and granted interrogatories, amended accord•dingly, to be answered within ten days. [Per Press Association.] NAPIER, Feb. 14. In the case of Henry Brooks, charged ■with stealing wool the property of James "Sidey, at Makatoku, the jury returned a verdict of " Not guilty."