MANAKAU FARM CASE

Chronicle (Levin), 24 July 1947, Page 4

MANAKAU FARM CASE

jubgment of supreme court Further details have been supplied to "The Chronicle" from the juagment of Mr. Justice Christie in the case of Robert L. Bevan and Norman Bevan against Ralph John Bevan and Ruby Miles, which was reported in last Monday's issue. The copy of the judgment shov/s that the first claim of the plaintiffs was for an order removing Ralph John Bevan from his office of trustee of the estate of Robert William Bevan This claim was rejected by his Honour, who said: "I have not seriously considered •the. claim that. the, trustee -be removed ifcom ofiflde, vnor. jdid appear to'me atithe hbdrMtnha't it was seriously cbnsiderei 'by the plaintiffs or their counsel. Apart from the differences of opinion that have arisen between the trustee and the plaintiffs with respect to this unrealised and relatively minor asset of the trust proper-y, the estate seems to have been administered to the advantage of the beneficiaries. and there is no evidence of such hostility or lack of sympathy on the part of the trustee as would, in my opinion, justify the court in removing him from office." A further claim of the' plaintiffs that the small farm property concerned should be transferred to the beneficiaries was also rejected by his Honour, who expressed the opinion that such a transfer would not be to the advantage of the beneficiaries, and would not provide a satisfactory settlement of their disputes. His Honour then proceeded to discuss the disposal of the estate property of eight acres at Manakau, and pursuant to the claim for further o-r other relief fixed the period within which the property was to be sold, as reported in Monday's issue.