TUCKWELL MYSTERY.

Dominion, Volume 4, Issue 1043, 4 February 1911, Page 6

TUCKWELL MYSTERY.

LATEST PHASE.

MOTION FOR ADMINISTRATION. END FORESHADOWED. Further developments in regard to what is now familiarly known as the Tuckwcll caso were before tho Supremo Court again yesterday, when an amended notico of motion for letters of administration was brought forward. The notico stated that- Mr. F. E. Pctherick, counsel for Archer Earl Tuckwcll, Maurice Septimus Tuekwell, Darcy Allan Tuekwell, Valentine Claudo Tuekwell, May Victoria Auty, and Nellie Brown, being brothers and sisters and next of kin of George Tuckwcll, would move for tho following order:— (1) That letters of administration of tho estate, effects, and credits of Tuekwell be granted to the Public Trustee; (2) that the Public Trustee or Archer Earl Tuckwcll and Maurice Septimus Tuckwcll have leave to swear that tho said Georgo Tuekwell died intestate and a bachelor at somo time subsequent to July 8, 1898; (3) that notice to and consent of Harold E. Tuekwell, a brother of tho deceased, be dispensed with; (4) that the evidence and other documents used and referred to on the hearing of a petition by the Public Trustee may be used and referred to on the present motion; (5) that the cost of the application be paid out of the fund in hands of the Public Trustee, forming part of tlio estate of Richard Tuekwell, deceased. The application was mado on the grounds that Harold E. Tuekwell is in Australia, and that the said George Tuekwell is believed to have died as stated above, and that all the material facts have been proved 011 the hearing of tho said petition. . History of ths Case. The caso concerns a well-known Wellington family, and dates back to the nineties. A brief history of tho earlier proceedings is as under:—George Tuckwell, eldest son of Richard Tuekwell, of Tiuakori Road, became entitled to a sum of about £850 on tho death of his father. In ISS2, the year of his father's death, Ceorge returned to New Zealand from Australia on a brief visit, and again left for New South Wales. He has not been heard of by his people for many years now. Believing that George is dead, the family mado every effort, by advertisement and other means, to obtain some information, regarding him. All to no purpose, however, and an application was made to tho Supreme Court for directions as to what should be done with George's share of the estate, held for him by tho Public Trustee. The Court again and agaiu declined to presume that George was dead, and his lsgacy was not divided 'among those entitled to receive it on his death. Early last year, however, Mr. Justice Cooper, deciding that somebody had been personating Georgo Tuckwcll in Australia, apparently with fraudulent intent, decided that George Tuckwell must have died some twenty years ago, and ordered a distribution of the 'moneys to those entitled to receive them 011 George Tnckwell's death. Strangely enough, during the six months which his Honour ordered should v be allowed to elapse before this division should tako place, one Robert Morton Gillespie, against whom charges of impersonation had been levelled, furnished from Oneliunga an affidavit to the effect' that ho had spoken with George Tuekwell as recently as 1901. In the face of this disclosure the Court immediately cancelled the order authorising the Public il Trus- 5 tee to pay over tho money. The latter stages, of the case in which Gillespie appeared aro still fresh in tho memory of tho public. When the case was called on yesterday Mr. Pctherick appeared in support of tho motion and Mr. Stafford represented the Public Trustee.Tha Latest Proceedings. Mr. Stafford said he thought there could be no doubt that tho man who had bcqn seen by Gillespie wan Geo. Tuckwcll. Since then the Public Trustee had applied to tlio New South Wales policc,. who had traced Tuekwell as having had an interview with a Mrs. Badkey in 1901. This woman's . husband, was apparently tho mau for whom Tuekwell worked. Tuekwell told Mrs. Badkey that he was about to go to New Zealand to claim the money, and then go into a certain business transaction with her husband. From that timo nothing whatever had been heard of him. Although notices had been widely published in newspapers, nothing had resulted since 1901.

11l reply to his Honour, Mr. Pethcrick thought there was no other course open than to ask that tho petition bo dismissed. The evidence seemed to establish that a. man like George Tuckwell was alivo in 1901, and that being the case thejr could not proceed further on tho petition. He therefore asked that the petition be dismissed, and that costs bo allowed. Tho steps lie had talchad been with a view .to ascertaining whether Geo. Tuckwell was alivo and not in any way in antagonism to • tho Public Trustee. It had all been absolutely essontial to establish a claim on tho fund. Petition Disposed Of. His Honour said that he would dispose of the, petition in the meantime, it would be dismissed and costs would bo allowed, to be paid out of the fund. Tho case, said his Honour, had been a remarkable one. First t-hero was a strong prima facie reason', for believing that Tuckwell died long prior to tho time at which it now appeared ho was last heard of. So strong was tho reason that he made an interim order oil that assumption, but directed that it bo suspended for six months. In tho interval further inquiry was made, tho upshot being a strong prima facie assumption that Tuckwell was alivo up to lflfll case was then gone into moro fully. in issing tho petition his Honour gave leave for affidavit to bo filed by some member of tho Tuckwell family to the effect that Tuckwell was believed to bo dead. This was as a preliminary to a motion for administration.