382 EXCHEQUER COURT REPORTS. [VOL. XIX. 1 920 IN THE MATTER OF January 9. "THE CONSOLIDATED ORDERS RESPECTING TRADING WITH THE ENEMY, 1916". AND IN THE MATTER OP THE PETITION OF THE RIGHT HONOURABLE ARTHUR L. SIFTON. Secretary of State for Canada for a vesting order, thereunder. Alien enemy—Will--Bequest---Consolidated Orders, 1916, (P. C. 1023) section 23 and 28—Vesting order—Minister of Finance—. Custodian of alien estates. H. domiciled in the Province of Quebec, by her will, exeçuted in due form, bequeathed $10,000 to F, "a German and an alien enemy domiciled and residing in Germany" at her decease, which occurred in England on the 10th January, 1919. The Under-Secretary of State, having filed a petition setting out the above facts and further alleging that he was charged with the greater part of the administration of the Consolidated Orders respecting Trading with the Enemy, 1916, and acting in that capacity, was of opinion that it was expedient for the purpose of said Consolidated Orders that a vesting order in the terms hereinafter mentioned should be made by the Court, applied for an order vesting the said legacy in the custodian of alien estates. Held, upon hearing read the said petition and affidavits verifying the facts above set out, and upon reading the said Consolidated Orders, 1916 (P. C. 1023), that an order should be made vesting the amount of said legacy in the Minister of Finance and Receiver General for Canada as the custodian of alien estates, under the said Consolidated Orders, and authorizing him, on receipt of said sum to give a complete and final release and discharge to the executors under the . will. 2. No costs of the application were allowed. PETITION by the Secretary of State asking for an order that a certain legacy left to an alien enemy should not be paid to him, but be vested in the Min-
VOL. XIX.] EXCHEQUER COURT REPORTS. 383 ister of Finance and Receiver General of Canada as 19 2 ° custodian 1 under thé above mentioned Consolidated RE CON SOLIDATED ORDERS O rders. AND Stirring. The Petition in substance alleges that one Anna Rebecca Gale, in her lifetime . of the City of Mont-real, widow of the late Thomas Sterry Hunt in his lifetime of the same place, died in England on January 10th, 1919, leaving a last will and testament executed in Montreal, in notarial form, . whereby, inter alia, she bequeathed the sum of $10,000 to one Baron Gisbert von Friesen, of South Germany; that the executors are authorized to .act beyond a year and a day; that the said legatee is still domiciled in Germany, is of German nationality and an alien enemy; and that he, the petitioner, desires in the public interest that the said legacy be not paid to the legatee, but be vested in and taken over under said Consolidated Orders, 1916 (P. C. 1023). • In support of this application was filed a certified copy of the will and the affidavit of Edward Arch-bald, an executor, verifying the facts contained in the petition and the afidavit:of the Under-Secretary of State also verifying the facts and stating that, as such he is charged, under the direction of the Secretary of State of Canada with the greater part,o£ the administration of the Consolidated Orders aforesaid, and that,' in his opinion it is expedient for the. purpose of said orders that the legacy should be vested in a custodian and that he should be empowered to give discharge to the executors of the estate upon payment to him. The petitioner based his application on section 23 of the said Consolidated Orders (P.C. 1023), which
384 EXCHEQUER COURT REPORTS. [VOL. XIX. 1920 provides who is the custodian under said Orders RE CONSOLIDATED and section 28 (1) which reads as follows : ORDERS AND "28 (1) Any Superior Court of Record within SIFTON. Reasons for "Canada or any Judge thereof may . . . . on the Judgment. "application . . . . of any department of the Gov-"ernment, of Canada, by order vest in the Custodian "any such real or personal property as aforesaid, "if the Court or the Judge is satisfied that such vesting is expedient for the purpose of these orders " and regulations, etc." The application was made to the Honourable Mr. Justice Audette, in Chambers, on the 9th day . of January, 1920. W. P. J. O'Meara, for petitioner. Per Curium. Upon hearing the said petition and • affidavits verifying the facts above set out, and upon reading the said Consolidated Orders, 1916 (P.C. 1023), an order should be made vesting the amount of said legacy in the Minister of Finance and Receiver General of Canada as the custodian of alien . estates, under the said Consolidated Orders, and authorizing him, on receipt of said sum to give a complete and final. 'release and discharge to the executors under the will. There should be no costs of the application.
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