CHANCERY COSTS.

Tuapeka Times, Volume XXIV, Issue 1904, 15 June 1892, Page 5

CHANCERY COSTS.

Mr Justice Mathews, dealing in the Queen's Bench with the case of an estate in Chancery, said he had no doubt that the Court of Chancery had looked carefully and tenderly after this estate, but its process seemed to be a process of "melting." He had heard that said before, and he heard it denied. He thought "the ayes had it;." It had been going on for years, he might say for centuries, but the country seemed to like it ; everybody enjoyed it, nobody complained, and so he did not know he need say anything more about it. Something had been said about delay. No doubt there had been delay, Chancery "grinds slowly," but effectively.

The plaintiffs solicitor was asked by his counsel if it was not the fact that no costs had been incurred beyond what were usual and necessary.

The Judge : You may say " usual," but omit the word " necessary." Mr Cock : Necessary in the case under the existing rules of chancery. The Judge : Yes. The solicitor answered counsel's question in the affirmative.

The learned judge said the result was that the unhappy sole beneficiary, Miss Whittaker, whom the testator had intended to benefit to the extent of between L 2 000 and L 3.000, got only L2BO. The rest h»d been spent in the course of the legitimate administration of the property according to the practice of the Court of Chancery. There was not the slightest reflection on the solicitor, the receiver, or anybody else.

In reply to Mr M'Call, the solicitor said the L2BO was in Court at present, and that there were no charges upon it excepting sums the beneficiary had borrowed. Mr M'Call : Can you with safety say that the L2BO will go to Miss Whittaker net ? The Judge : It is still in Court, you know.

The unknown i— it is the field in which are sown our dreams, whore we sec thorn germinate, grow, and bloom.