Argus (Melbourne, Vic. : 1848 - 1957), Tuesday 29 November 1892, page 6


A DISPUTED WILL. ESTATE

OF THE LATE MR. ROBERT

DIXSON.

THE UNIVERSITY INVOLVED.

THE CASE SETTLED.

A COMPROMISE EFFECTED.

TENTH DAY.

The hearing of the case arising out of the dispute in connection with the will of the late Mr. Robert Dixson, formerly of Victoria, but late of Church-road, Burgess Hill, London, tobacco manufacturer, was resumed in the Banco Court yesterday, before Mr. Justice Holroyd, without a jury. The testator left the bulk of his estate, which amounted to £40,000, to the Melbourne University for the purpose of founding " Dixson Scholarships," only providing Borne £9,000 for his family, who sought to upset the will on the ground 06 testamentary incapacity.

Mr. Purves, Q.C., and Mr. Topp appeared in support of the will, and Mr. Isaacs and Mr. Coldham for the caveators.

When the Court opened,

Mr. PUKVKS said, May it please your Honours have to ask your Honour for another concession in the nature of an adjournment. I do not want to take your Honour by surprise. The application is not for counsel's convenience on this occasion. We do, however, desire an adjournment. I see your Honour feels some relief already. (Laughter.) It is not an adjournment over the vacation, as at one time seemed probable, but simply an adjournment until 2 o'clock. The parties have agreed to take a certain course-a wise course, I think, for both sides but the necessary details have not been arrived at. During the adjournment these details will be arranged.

Mr. ISAACS said that Mr Purves had represented the present position of affairs, and there was no doubt the details would be arranged during the adjournment.

Mr. PuiiVES suggested that perhaps an adjournment until 12 o'clock would meet the

case.

The Court thereupon adjourned until 12

o'clock.

When the Court reassembled,

Mr. PeniVES said, May it please your honour, Counsel on either side have now met and considered the settlement from their several points of view, and they have arrived at a decision as to what they think is wise and equitable as to what should be done in this case with a view of terminating these proceedings. Your Honour will have observed that there are many doubts and difficulties which render this case somewhat unique in the history of these courts at any rate, and that it is a case of such enormous bulk that there would seem so far as I can judge, practically no end to it in any reasonable time. The University, as a public body, recognise that in a matter of this kind they should not press to the utmost for their legal claims ; and I apprehend that my learned friend (Mr. Isaacs), who appears for the family of this unfortunate gentleman, sees there are very good reasons why the University should yield to some extent. The terms of the settlement as agreed to between the parties are as follows:

Order absolute.

Probate to be granted.

The costs of both sides as between solicitor and client (including shorthand writer) to be paid out of the estate.

On the following conditions :

Settlement of February', 1890, to stand good.

Half of the estate, after payment or securing of the £9,000 and the costs of the suit and compromise, togo the University of

Melbourne on trusts of will.

The other half to go equally between Mrs. Ruth Dixson, Hugh Robert Dixson, Miss Lilian Helen Dixson, and Walter Herbert

Dixson.

Release executed.

The caveators to have the option of purchasing one or both of the businesses at a valuation to be arrived at by arbitration under the provisions of the Supreme Court Act if the parties cannot otherwise agree.

Deeds to be executed embodying the above

terms.

In case of difference as to form of deed the same to be settled by chief clerk.

The matter of cost is in the discretion of the Court, but I apprehend, from your Honour's experience of this case, you will permit us to suggest for your guidance the terms with regard to the costs.

His HONOUR. I may be permitted to say, perhaps, that the parties on both sides have come to a very wise resolution. I am, at the present time, sufficiently seized of the case to be aware that there would have been a great deal to be urged on both sides, and it was exceedingly doubtful what the decision might have been. At the same time it is very desirable for all parties that the history of this gentleman's household should not be entered into more deeply than is absolutely necessary'. I congratulate the parties on having come to their present decision.

Mr. ISAACS.-The arrangement arrived at is good for all parties, with the exception, perhaps, of the legal gentlemen employed in the case. (Laughter.) There are a number of facts which your Honour has anticipated, and which should not be dragged forth into the light and exhibited publicly. We felt there was only one thing absolutely certain about the Case, and that was there would have been many thousands of pounds of extra costs incurred if the case had gone on, and the course now decided on is the only just and equitable course under the circumstances.

Judgment was then given on the terms agreed on between the parties.