ORIGINATING SUMMONSES.

Wanganui Chronicle, Volume L, Issue 12145, 3 September 1908, Page 8

ORIGINATING SUMMONSES.

PAUL TRUSTEES v. PAUL AND

OTHERS

An originating summons in the matter of the will of Joseph Paul, of Wanganui. draper, deceased, was next taken. The parties to the action wer^ Jno. Notman, J.- W. Kerhy and R. G McNiven. trustees unde- the will, plain tiffs: and Elizabeth J. Paul, the widow, and others, the children of testator, tho defendants. /.■■■■■■■•.

Mr Hutton appeared for the plaintiffs, Mr Barnicoat for the defendant and children, except P. G. Paul and Mr Gordon for P. G. Paul.

Tiie Court was asked tn deal with the following Questions: (1) "Whether a sum of ■ £106 :11s--7d expended by plaints m sinking a well on the Riverlands estate; part?.of the trust property, for* the preservation 'and: improvemont of the said Riverlands estate' and fa.miiy dwelling thereon should be paid out of tho corpus of the estat?. (2) Whether the defendant P. G. Paul should bo charged in in the accounts of the trust estate with interest on £2500 advanced to him thereout with the consent of the said. E. J. Paul by plaintiffs in exercise of the power of advancement conferred on them by the will, and if so what rate of interest should bo so rercquired and whether simole or compound. (3) How the costs of and incidental to this application are to be borne. After hearing the legal argument of counsel for the parties concerned, his Honour said the Questions i-aiscd would require consideration, anj reserved his decision.