OWNERSHIP OF MILL

Press, Volume LXXIX, Issue 23964, 3 June 1943, Page 6

OWNERSHIP OF MILL

SUPREME COURT PROCEEDINGS

(P.A.) AUCKLAND, June 2, Legal proceedings to establish the ownership of the Old Windmill hi Symonds street, which has been in doubt for over 18 months, commenced before Mr Justice Callan. During the case, which is expected to occupy over a week, various claims- of the next-of-kin of the late owner, Mr Joseph Partington, and other interested parties will be put before the Court. The action arises out of two lost wills. The executors of the first will are applying for formal probate of it. Opening the case. Mr A. H. Johnstone, K.C., said that the main question was whether the property was to be distributed in accordance with one or other of the wills, or as upon an intestacy. Mr Johnstone said the land was originally given to C. F. Partington by Crown grant early last century. To obtain power to drive a flourmill he built a windmill on the property, and because of its prominent position it became an outstanding Auckland landmark. The mill was used to supply biscuits to troops in the Maori War and flour to Auckland’s early settlers. The property later passed to Joseph Partington. C. H. M. Wills, one of the plaintiffs, said that Mr Partington had been very concerned for the preservation of the old mill. He had instructed witness, who was his solicitor, to prepare a will bequeathing the land and mill to the Auckland City Council, to be used for all tjme by the citizens of Auckland. The residue of the estate was to go to relatives. Besides the mill and property, the Government valuation of which was £30,000, Mr Partington had other assets. After his death bundles of banknotes to the value of £2350 were found hidden in sacks and odd corners of his house After the will was executed Mr Partington insisted on keeping it himself, stating that he had secure hiding places in the mill and buildings. After Mr Partington’s death some of the hiding places were found; but although some rats’ nests contained chewed remnants of papers, no complete documents were discovered. The hearing was adjourned.