In the case, between Nuis Eric Mower, Joux Anruur Menier, Daisy Lirracas: the wife of Raupu Lrrrianx, and Mixxie Moutee, Plaintifis, and Nis Moutex, Defendant.
The plaintiffs petition the Court for a Declaration that the estate of their mother Hannah Clappison at the date of her death viz; 15th May 1891 consisted of certain ships viz; the sailing barque Val-Kyrien, the sailing barque Contest, and the sailing barque Lucia, and of certain lots of land known as the Washing Company's land, the Gables, and the Avenue Lodge, also of certain furniture and pri-vote effects contained in the house known as Avenue Lodge; they claim the owner. ship as against the Deiendant of the said property under the Will of their mother Hannah Clappison and petition that an account be taken showing all dealings by the Defendant as sole executor of the "Will with the said Hannah Clappison's estate since her death and how the said estate is now invested; they further petition that the said estate be divided equally among them, furthermore for the costs of the suit, and such further and other relief as the nature of the case may demand or the Court may think fit.
The Defendant denies that the Plaintiffs have any legal rights again him under the Will of Hannah Clappison and asks the Court that the petition be dismissed with costs; in this he is joined by Alethea Appleby Miller, the wife of the Defendant, Behr Moller and Maria Theresia Muller, his children by his first wife Jenny Holm, and Christopher Moller, Warden Appleby Miller, Hilda J. A. Standring, the wife of Thomas A. Stand-ring, and' Anna Muriel Meller, all four children of the Defendant and his wife Alethea Meller, who have all joined the suit as intervening parties.
It_is admitted by the Defendant that the Will of Hannah Clappison is in his own handwriting. The Will is dated the Sth of February 1891 and signed by Hannah Clappison in the presence of witnesses. It says: All I own this world, such as ships; houses and landed property furniture; and other chattels I give and bequeath to my good man and friend, Nils Moller, in trust for my four children, Minnie, Eric, Johnny, and Daisy by him. He is to be my sole executor, under this my Will; assisted by our sons Eric and John-riy, when either of them become of age.
This Will was on the 13th of July 1891 proved by the Defendant in Her Britannic Majesty's Supreme Court for China and Japan, and the particulars of the Estate signed by the Defendant and lodged in the said Court were as follows Barque Lucia 640 tons reg. $20,000 Barque Contest 486 tons reg. 15,000 Furniture and private effect "Avenue Lodges...
3,000
Total...
$38,000
It is further admitted by the Defend-and that the Washing Company's land was on the 6th of February 1890 and the Gables on the 11th of February 1890 transferred by the Defendant to Hannah Clappison, who was up to her death the registered owner of these lots of land.
The property in these last mentioned two ships and the lots of land nessed over from the Defendant to Hannah Clappison by gift, and every gift which is made founded on the mutual consent of the parties in reference to a right or interest passing between them.
The Court therefore declares that at the date of her death viz; 15th May 1891, Hannah Clappison was the lawful owner of the sailing barques Contest and Lucia, of the lots of land known as the Washing Company's land and the Gables and [furniture and private effects in the Avenue Lodge to the value of $3,000.
for the sailing barque Valkyrien and the landed property known as Avenue Lodge the plaintiffs have failed to establish their case.
"Due consideration has been given to the fact proved by the Defendant that he was for years in the habit of registering his ships in the names of British subjects, but as against the facts that ships" are mentioned in Hannah Clap-pisan's Will drawn up by the Defendant himself as part of her property, and that the Lucia and the Contest were declared by the Defendant in the Probate Court as part of the estate, the Defendant's contention cannot be upheld.
The Court therefore orders that an account be taken showing all dealings with Hannah Clappison's estate as described in the above declaration of the Court since her death and how the estate is now in-rested, such account to be rendered by the Defendant and verified by 2 Chartered Accountant and to be submitted to the Court on Tuesday the 4th of November next for examination and final approval, on which day the parties are summoned to appear before the Court at 10 O'clock in the morning. In taking this account due regard shall be had to expenses for the Plaintiffs or to improvements which may have been made on the estate by the Defendant out of his own means, not as Executor, no interest to be computed before the Sth of April 1901, the date of the service of the Summons in this case.
That part of the Plaintiffs' petition in which they ask the Court that Hannah Clappison's estate be divided equally among them cannot be entertained, the Court having no competent jurisdiction in the matter.
In this suit no cost is allowed to either party; the costs of the Court will be home half by the Plaintiffs and half by the Defendant Nils Miller.
Text read from the printed page and cleaned; old type leaves the occasional error.