DAISY JOYCE JAMES V. STANLEY EGBERT LEMEUL GATES 15/1953

IN _THE HIGH COURT

OF AUSTRALIA No. 15 of 1953

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PRINCIPAL REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE STATE OF VICTORIA

BETWEEN:

DAISY JOYCE JAMES (who is sued as executrix of the will of Edith Catherine May Wilkinson

deceased) (Defendant) Appellant -and- STANLEY EGBERT LEMUEL GATES (Plaintiff) Respondent

BEFORE THEIR HONOURS THE CHIEF JUSTICE SIR OWEN DIXON, WR. JUSTICE WEBB and MR. JUSTICE KITTO.

MONDAY THE 12th DAY OF OCTOBER .1953- THIS APPEAL from the judgment given by his Honour iir. Justice Gavan Duffy in the Supreme Court of the State of Victoria on the 17th day of April 1953 upon the trial of Action No. 528 of — 1952 coming on to be mentioned before this Court at Melbourne this day UPON HEARING Mr. Wright of Counsel for the abovenamed Appellant Daisy Joyce James and the solicitor for the abovenamed Respondent Stanley Egbert Lemuel Gates THIS COURT DOTH BY CONSENT ORDER that this appeal be and the same is hereby struck out --

AND THIS COURT DOTH ALSO ORDER that the sum of Fifty pounds --

(£50) paid into Court as security for the costs of this appeal - be paid out to the Appellant or her solicitors Messrs. Cook & - MeCallun.

BY_THE couRT,

DEPUTY REGISTRAR.

2A O15 HIT? d

IN THE HIGH COURT OF AUSTRALIA

PRINCIPAL REGISTRY

No. 15 of 1953.

ON APPEAL FROM THE SUPREME COURT

[ESTATE OF A BETWEEN

DAISY JOYCE JAMES (who is Sued as executrix of the will of Edith Catherine May Wilkinson deceased)

(Defendant) Appellant

~-and-

STANLEY EGBERT LEMUEL GATES (Plaintiff) Respondent

ORDER OF THE FULL COURT.

COOK & McCALLUM, 422 Collins Street, MELBOURNE.

Solicitors for the Appellant.

RD/S

IN

Quecti FZ

9-4 FS

GATES Vs JAMES

Judgment of Gavan Duffy, J.

This is-an action elaiming an order that the Defendant who is the Administratrix and Trustee of the will of one thee Rhauwtjf Edith May Wilkinson transfer to bie certain portions of the real estate of the testatriz.