SUPREME COURT.

Star (Christchurch), Issue 16907, 5 December 1922, Page 8

SUPREME COURT.

IN BANCO. A sitting of the Supreme Court in • banco was held by his Honor the Chief ■ Justice to day. APPLICATION UNDER WILL. An application was made on an on gi Hating summons by John Robert Gra cia. Le Ron’s Bay. farmer, aud Frauk Gracia. Akaroa, farmer, to have trails icrjcii to eacb of them one-third ol the residuary estate ot John Gracia, far nier. \\ aikerikeri, alter payment of legacies and other charges. John lira ciar died on November 9, 1915, leaving propel ty valued at £IB,OOO ami stock lalmd at £2OOO. subject to a mortgage •-■ f £3718. He left three sons and three daughters. Ibc application was made under his will by two sons who have come of age. The will provides that the estate shall be divided when the youngest child comes of age. Plaintiffs asked that, as thev hail come of age. thev should have ‘their shares transfer re I to them The defendants were John Robert Newton and .Tame' Rhode?., farmers. Akaroa, executors and tru.-toe- under the will. Mr H. O. D. Mop res appeared for plaintiffs and Mr P. P. J. Amoileo for defendants. Mr Mcares said that, under the will, provision had to be made for the main le nance and education of two infante, and a legacy of £SOO had to be paid to »ach daughter at the age of twentyoue years. Two daughters had rcecived their legacies. The younger plaintiff had just come of age, and he wished to makcl a start in life. Mr Amodeo said that the trustee* had leased the property to one of the plaintiffs for £729 a year, but a loss had been incurred. Tn reply to his Honor. Mr Amodeo -aid that the trustees wished to help plaintiffs, but they could not do anything without the Court’s protection They were not antagonistic to the ap plication. Hl3 Honor made an order for distribution a* follows:—(1) The trustees to pay all taxes and c.ut-goings, including interest on mortgage ; (2) pay all moneys for the maintenance of the two children under age; (3) two-third* t^,e income, after paying (P, jnd ' ~ 1 ' f> ° given to plaintiffs, the third \ e ** oeUTr, hlat cd and held iu ' u lor the, son under age. Costs of trustees would be allowed against . ii a e -j an< plaintiffs’ costs won! i \ **»>"*' the estate, to he ,n ' ,r " 9t - P'«"-