OLD WINDMILL

Auckland Star, Volume LXXIII, Issue 173, 24 July 1942, Page 6

OLD WINDMILL

not for citizens

MR. PARTINGTON'S WILLS "He may have changed his mind and destroyed his will deliberately. I do not feel therefore that the council is refusing to accept something that was quite certainly or definitely intended for it." This statement was made by the Mayor. Mr J A C. Allum, at last night s meeting of the City Council when reporting on the estate of the late Mr. Joseph Partington, who died towards the end of last year, bequeathing the council the old windmill in Symonds Street and the properties surrounding it. Mr. Allum said the council had two alternatives. It could ask the executors to proceed at the council s expense and risk with appropriate legal proceedings in an endeavour to obtain probate of one or other of the two wills, neither of which could be found Failing to do this the council could intimate to the executors that it was not prepared to sponsor any proceedings, and they and the next-of-kin must take such action as they thought right. He recommended the latter course. In explaining his reason for the recommendation, Mr. Allum said that in the events that had happened he could not feel entirely certain that when Mr. Partington died he still wished the council to have the mill. Even if the council obtained the property it was burdened with mortgages totalling £6700, and under the terms of the will the income from the property (about £3000 per annum gross) could not be used for the purpose of paying either principal or interest payable under those mortgages. Possibly relief might be obtained by means of an Act of Parliament, but even if that were done, ultimately—though it might be many years hence —the revenueproducing buildings must be demolished, and the council would have to care fo and maintain the mill building and the surrounding land out of its own funds.

"With the foregoing considerations in mind I do not feel justified in recommending the council to take responsibility for the necessary litigation and actively pursue the contest for establishing the validity of either of the known wills of the deceased," concluded Mr. Allum. The Mayor's proposal was adopted..