"RESURRECTED ?"

Dominion, Volume 3, Issue 888, 6 August 1910, Page 6

"RESURRECTED ?"

A STRANCE STORY. CASE OF GEORGE TUCKWELL. "Tho Court presumes that he is dead" wuro tlio words of Mr. Justice Cooper, in closing his hearing of the mysterious case of George Tuckwcll six months ago. "He appears to havo been resurrectedonce, and perhaps he will ho resurrected again," said his Honour, when the same case was mentioned in Chambers yesterday. ' Money Waiting for Him. It was thought that the proceedings in February would virtually conclude tho case, which had been before the Court on several occasions during the last five or six years. The Public Trustee on that occasion repeated his application for tho Court's direction as to the disposal of money placed in his hands on behalf of George Tuckwcll, eldest son of Richard Tuckwell, deceased, storekeeper, of I'inakori Boad. 'J'hs amount due to George Tuckwell on September 30, 1905, under tho will of his lather, was £897 13s. lOd. Stephen •Lancaster had been trustee originally, but the affairs "of the estate were handed ovor to the Public Trustee on August 19, 1898. In December, 1905, when the case" oamo before tho Court, an order was made that George Tuckwell's share of the ■ estate should remain in tho hands of tho Public Trustee until the Court directed ; otherwise. The judge :also gave instructions. that advertisements should bo inserted in Australian papers with a view to ascertaining the whereabouts of the missing legatee. Thoro had been no response to these advertisements, and, as the . family had not heard'from tlin ylder brother since 1883, this new application was made. Mr. F. E. Potherick appeared on behalf of the family, and Mr. Stafford represented the Public Trustee. Tuckwell's Disappearance. .The papers in the case told a curious story. George Tuckwell, the eldest, son of'a familyiof nine, had loft for Australia i shortly before tho death of his father on .Juno .14,. 1882. He returned to Wellington too lato to be present at his father's funeral, learned of his rights' under the will, and went' .back to Australia: His family were in communication with him until" I.SS3, when they lost all trace' of him. It was supposed that he died in that ,year. Nevertheless, in 1893,: .'Manuel Septimus Tuckwell, tailor, of Lambton Quay, received a letter from, some porson in Australia, claiming to be his brother George Tuckwell. A. letter bearing that signature was received by tho. Public Trustee in 1901, the writer stating that ho intended to . come to Wellington and prove his .identity.- The 'family met theso advances with " suspicion, and warned the Public' Trustee. Nothing more was heard of the claimant after 1901. -'V .

"Presumed to.be Dead." It was after hearing these;and' other statements as traversed' by counsel when the Public Trustee's application was before him last February, that Mr. Justice Cooper said that the Court would orasider Georgo Tuckwell to be "legally * dead." His Honour pointed out'thai the missing man had not communicatf 3 with anybody for 20 years. It was mlikoly that, had ho been living, he i 'ould have dropped the correspondence,. thero having been no discord in'thu family, although it was said that George Tuckwell occasionally gave way to drink. Where.!' man had not communicated with his people for 20 years,, and where another person had .been personating him, ,tho. inference was that the man was dead, and that this, other person knew something ' about him, and was endeavouring to got into possession oil the funds in the hands of the Public Trustee. His Honour considered that he ought to presume Georgo 'l'uckwell to bo dead. An order would 'bo riiade that'the Cqurt presumed the death of Georgo Tuckwell, and that he idied" unmarried and intestate,, prior to the Coming of age of Valentino Tuckwoll, his brother.. The Court presumed that his death occurred within seven years after 1884. Unless an application was made within six months, to rescind tho order, the; Public Trustee would pay the fund over to tho parties entitled to it on George,. Tuckwell's death. Is he Still Living? The six months elapsed last Thursday, and accordingly Sir. H. S. Machell (on behalf of tho Tuckwell family) appeared before Mr. Justice Cooper m Chambers yesterday, and applied for an appointment for the Court, to consider the order.' , '• His Honour said that' when'hb was in' Auckland subsequent to tho proceedings in the Court last February,-which had been received publiclythroughout the. Dominion, hi! was waited upon by a solicitor representing a man named Gillespie, a brother of the' person whose name figured largely, in tho affidavits. This solicitor told him' that ho would bo able to adduce evidence to show that George Tuckwell was alive, or at any rate that he : had been alive much.later than was stated in any of the affidavits. His Honour had thoreupon instructed tho Registrar'of tlio. Court that the' order was to be held in suspense sine die. Ho had also intimated to the solicitor who interviewed .him, as related, Jio communicate with tho Public Trustee, and ho believed that that wag done. He had hoard nothing more about it. . Five Ceorge Tucltwells. Mr. Machell: Gillespie had sinco filed an affidavit, apparently.more ito protcct himself than for any other purpose. He swears that he saw Georgo Tuckwell in 1900. His Honour: There was evidence which prima facie showed that Tuckwell died long before 1900. Then comes this evidence that he was alivo in that year. Can I presume that he is dead uow? Apparently he was resurrected some .years after he first died. He may have been resurrected again, for all I know. (Laughter.)

Mr. Machell: Wo have come across five George Tuckwells in Australia.

His Honour said ho would tako the case next Tuesday afternoon in open Court, when he, would reconsider the order in the light of tho fresh ovidence and give further direction.