Death, Ernest

Feilding Star 13 June 1889
Wellington Supreme Court
Tuesday, June 11
(Before his Honor Justice Richmond.)
DEATH v. BOYD
This was a case in which plaintiff, Samuel Death, sought for an order of the Court with respect to a trust. He alleged that his uncle, Charles Death, who died on the 16th April, 1884, placed in his hands 170 pounds to hold in trust for his (Charles Death''s) two sons, Earnest (sic) and Samuel, till they came of age. By the will of the 3rd April, however, Charles Death bequeathed all his property to his daughter Ellen Boyd, making her husband, William Boyd, of Feilding, executor. Mrs Boyd subsequently claimed to be entitled to this money, and the plaintiff asked the Court to declare whether or not she was entitled to it. The defendants (William and Ellen Boyd and Ernest and Samuel Death, junr.) alleged that the sum received by the plaintiff was 280 pounds 10s 10d and was the property of his aunt Caroline Death, now deceased, which she wished divided between Ernest and Samuel Death and Ellen Boyd; that Ernest Death was now over 20 years of age, and competent to be entrusted with his share; and that the plaintiff had acknowledged Ellen Boyd''s claim until recently, and had made an arrangement to pay it to her in April last. Mr Travers was for the plaintiff, and Mr Gully for the defendant. After evidence had been taken, and counsel had addressed the Court, the case was reserved for further consideration in Chambers