Advertiser (Adelaide, SA : 1931 - 1954), Friday 19 May 1939, page 32


LAW COURTS

Cause Lists SUPREME COURT

No. 2 Court [?] - Before Mr. Justice Angas Parsons, at 11 a.m. -Standing for judg- ment—Dowd v. D[?]man, [?]man v. [?] Mc- Mu[?] [?]

Muirn \. Cahill. D.iymali \. McMlchacl. VirKO : \. Elding. No 3 Court Civil.— Erlor* Mr. Justice, Richards at 10.30 a in—Neumann v. Hall <pm herd". In Crtambrr.'- —Bdor&lt;- :iir Chid Justice. at, 10.30 a.m.—General Chamber business. ADELAIDE LOCAL COURT FULL JURISDICTION C.-i&gt;o for lod.i;-:—Mrn:-irs_Elsden v. ; O'Brien--Bnfci&gt;r; C-i-ndrrs—Dalirly v. Mel-: Trustees Seek Directions Joseph Arthur Inkster, toolsmith, of Ballara street, Mile End, and William Henry Keley, electrician, of Christie street. Largs Bay, the trustees of the estate of the late James Arthur Ink-ster, out of business, formerly of Swan terrace. Semaphore, applied to Mr. Justice Cleland. in the Supreme Court yesterday, for various directions with respect to the construction of the de-ceased's will, made on May 5, 1928. The deceased, who died on Decem-ber 14, 1929, left a net estate now valued at £6,253 4/7. The trustees asked whether the testator's widow, Andrena Majory May Inkster, was en-titled to receive for her life an income from the estate, or to what other in-terest she was entitled; whether on her decease Joseph Arthur Inkster and the late Isabella Jane Keley were entitled to receive the income during their lives equally between them: and other ques-tions as to the income after their deaths and as to the final disposition of the estate. Mr. C. T. Hargrave appeared for the trustees, Mr. A. B. Hardy for Keith Wil-liam Keley, a grandson. Mr. C. A. San-dery for William Henry Keley in his personal capacity. Mr. J. F. Brazel for Joseph Arthur Inkster in his personal capacity. Mr. G. V. Culshaw for Ken-neth Stewart Inkster. Lorna Jean Ink-ster. and Majory Gladys Inkster, grandchildren, and Mr. R. Homburg for Donald Frederick Inkster, also a grand-son. Judgment was reserved. Divorce Granted An order nisi for divorce was granted to Edward Conamore Eurtt. station hand, of Byron place, city, by Mr. Justice Napier, in the Supreme court yesterday, against Hilda Adeline Amanda Burtt. of the Mental Hospital. Orange. N.S.W.. on the ground of her insanity The case was undefended. Mr. O. C. Isaachsen appeared for Burtt. Hearing Of Will Case Adjourned This case will be very expensive and it must give great pain to the family. I hope that I shall be informed that I shall not have to hear it. as it has been settled," said Mr. Justice Richards in adjourning, until Tuesday, a case concernine the estate, valued at about £18.000. of the late Patricia; Kathleen Muriel Willcox, spinster.; formerly of Fitzroy terrace. Prospect.; who died in London on October 17, 1936. Charles Angas Willcox.. of Hill street, North Adelaide a brother of the de-ceased, alleges thai two documents dated March 10. 1933 and March 10. 1934, are not testamentary instruments and that a document dated July 10. 1931. is the deceased's last will. He is supported by Irene Phyllis Willcox. spinster, of London, a sister of the de-ceased. Percy Howard Willcox, tra-veller. of Fitzroy terrace, Medindie, and Allan May Willcox, horticulturist, of Salisbury, oppose probate of the 1931 will and'seek a pronouncement in favor of the 1933 and 1934 documents. Mr. F. Vilieneuve Smith. X.C.. with Mr. M. C Kriewaldt. appeared for Charles Angas Willcox; Mt. G. C Ligertwood. X.C.. with Mr. J. N. Mc-Ewin. appeared to watch the interests of Frank May Willcox. medical practitioner, of North terrace, city, a brother of the deceased; Mr. D. Menzies appeared for Percy Howard Willcox: Mr T. E. Cleland for Allan May Willcox; Mr K. C. Duffieid for various next-ofkin, and Mr. N. H. Wallman for Irene! Phyllis Willcox.

Settlement Of Dispute Over Flats Suggested At the suggestion of Mr. Justice Richards, a suit in the Supreme Court Iby Carl August Louis Neumann, of Esplanade, Semaphore, against Ida May Hall, of the same address, was ad- journed until today to enable further negotiations with a view to a settle- ment. Neumann set out that he and the; defendant were the joint owners of a block of nine flats known as Mayola., Each occupied a flat, and they shared the profits of the letting of the seven! other flats equally. During 1931 and 11932 the business did not show suffl- cient profits to support both of them, and on January 28, 1933, they orally agreed that he should try to earn a living carting with a motor truck, while the defendant managed the flats, re-taining sufficient for reasonable living expenses and accounting to him for his

share of the balance. The defendant, had retained her profit, but had neglected and refused to account to him for his. He claimed an account. The defendant denied any such agreement, and contended that the plaintiff had released his share to her on her undertaking to pay all rates, taxes, and repairs. She counter-1 claimed an order for the sale of the; property and the distribution of the proceeds. Mr. T. E. Cleland appeared for the plaintiff, and Mr. K. V. McEntee for the defendant. Judgment For Insurance Company In the Adelaide Local Court yesterday. Acting Judge Haslam entered judgment for £512 12/ and interest at 5 per cent, from December 8. 1933. to date, in: favor of the Century Insurance Com-: pany Ltd.. of King William street, city, against Malcolm Eric Angus Scott, out of business, of Victoria square, city. The company's claim was not contested by Scott The company alleged that it had. on February 28. 1928. at the request of Scott, who was then a licensed land agent, furnished for him a £500 bond as required by the Land Agents Act. At the criminal sittings of the Supreme Court in September, 1933, he was convicted of fraudulent conversion, and it had had to pay the amount of the bond to the Crown, together with £12 12/ costs. It therefore claimed that sum. with interest. His Honor awarded the company in- terest as damages. Mr. P. Teesdale Smith appeared for. the company, and Mr. F. G. Hicks for Scott.