N.Z. APPEAL CASE.

Wanganui Herald, Volume LI, Issue 15132, 29 January 1917, Page 3

N.Z. APPEAL CASE.

DISMISSED BY PRIVY COUNCIL. (Australian and N.Z. Cable Services.) LONDON, January 27. Th case McCaul v. Fraser, a New Zealand appeal, was dimiesed with costs. The respondent was not called. This case was first tried in the Supreme Court of New Zealand, before the Chief Justice, 1 - Sir Robert Stout. The action was one between George W. McCaul, as plaintiff, suing as special executor to the late Mrs Katherine McGregor, Donald Fraser, of Pukehou, as the, defendant. The action involved the farm known as Pukehou, now occupied by Mr Fraser, which had belonged to hie father. The claim was, shortly, that Mr Fraser had allegedly failed, to exercise the powers of executor given him as trustee under th© will to divide the estate among the' executor's children as he thought fit within two after th© death of testator’s widow. Mrs Katherine McGregor was a sister of the defendant, and there were several other brothers and sisters. The defence mainly was that the defendant had mad© a proper division and that this had been done with th© sanction of a family arrangement amongst the brothers and sisters. There were other points in the case. The Chief Justice decided in favour of Mr Fraser, and his judgment was upheld by the Court of Appeal. Now comes the final decision by the Privy Council. Counsel for appellant was Messrs McCaul, (Miens, and Christen'flon, and, for the defendant Messrs Tunrbull, Gordon, and Brodie. It was in connection with this case that Mr Treadwell is now visiting England.