SUPREME COURT.

Star (Christchurch), Issue 5501, 28 February 1896, Page 3

SUPREME COURT.

- •- Friday, Feb. 28. (Before his Honor Mr Justice Denniston.) IN CHAMBERS. His Honor sat in Chambers at 11 a.m. RE MARY NICHOLSON, DECEASBD. Mr Papprill, for Mr Nalder, applied for letters of administration. His Honor, in giving jiidgment, said that the application in the present case to dispense with sureties raised a' question which was so fre* qiiently before him as to render it necessary that he should lay down some definite practice. In' small estates, where a_ surviving parent sbught to administer the estate of very young children, it was almost impossible to find sureties, as' the obligations covered so long a period, and there was extra expense, so that under such circumstances it was almost the invariable practice to dispense with sureties. The effect of this was to hand over to the parent unreservedly the share of the estate left to the children, with the almost certainty that it would not be available when they became entitled to receive it. It was said that in such cases the Court would, on application, order a small sum, often nominal, to be expended in the maintenance of the infants. The Court in thus granting administration had no guarantee that the money so received would be properly expended. By the Act of 1894 the Public Trustee was empowered to administer an estate under ,£2OO, or larger estates if the share of each child did not exceed .£SO. These powers must have been given to save expenses in cases where no person was entitled to administer, or when such person was not prepared fully to comply .with the. requirements as to administration. But when application 'was made for indulgence, he was bound to take notice that a public functionary existed with special facilities and privileges for dealing with small estates. In the present case he would grant the application. He was informed there were special circumstances, and the expenses had already been incurred. But he wished it to be understood that in future it was only under very exceptional circumstances that, where there were infant beneficiaries, he should dispense with sureties for the due conduct of the administration. FLEMING V. FLETCHER. On Mr Russell's application an adjournment herein was granted for a month. EE *• SUN " NEWSPAPER AND RE COMPANIES ACT. Mr Hunt, for the creditors of the company stated that an agreement had been come to for the settlement of claims, and the claims were admitted accordingly, his Honor remarking that there had evidently been some carelessness somewhere when it ha^'been possible for what was practically the minutes of the company to have disappeared. ' PROBATES, ETC. Letters of administration were granted in re Richard Clarke, deceased (Mr Thomas.) Probates were granted of the wills of Robert Rowan, deceased (Mr Widdowson) ; Robert Beattie, deceased (Mr Slater); Robert Miles, deceased (Mr Hill) ; Carl Schultheis, deceased (Mr Harman), and Caroline Rose, deceased (Mr Ritchie.)