SUPREME COURT

Dominion, Volume 8, Issue 2423, 31 March 1915, Page 9

SUPREME COURT

LATE MRS. G. P. DONNELLY'S LAND. In the' Supreme Court yesterday morning;. His Honour tlie : Chief Justice (Sir Robert Stout) heard an application for an order to determine certain •tuvestiona arising out of the will of the late Airini Donnelly, wife of G. P. Donnelly, eheepfarmor, of Otaara, Hawke's Bay. The plaintiffs in tho case were the executors and trustees of the will (G. P. Donnelly, the Hon. J. D. Ormond, M.L.C., and J. B. Coates) and the_ daughter of the testatrix (Maud Airini I'iakitai La Morte, of Crissogo, near Napier). The defendants were three minors, the children of tlie plaintiff (Mrs. La Morte). Mr. C. P. Skorrstt, K.C., with him Mr. T. W. Lewis, of Hastings, appeared for the trustees ; Mr. J. H. G. Murdoch, of Napier, appeared for G. P. Donnelly; Mr. E. F. Hadfield represented Mrs. La Morte; and Mr. D. 51. Findlay acted for the guardian of the children (Sir John findlay). It appeared that Mrs. Donnelly died on June 6, 1909, after having appointed the plaintiffs (except Mrs. La Morte) executors and trustees of her will. She was possessed (among other property) of certain blocks of land, forming •ne continuous area (containing, altogether, about 16,372 acres), and known as the Mangaohane Block. This at the time of her death was in the occupation of her husband. In consequence of certain circumstances, the trustees subsequently came into possession of the Mangaohane Block upon trust, Mrs. La Morte to receive the incomo for life until' she should become bankrupt or alienate, or charge, or attempt to alienate or charge such income. The Government valuation of the laiid was recently assessed at £38,000 (unimproved £30,500, improvements £7500), and the plaintiff trustees believing this valuation to bo excessive appealed against it. Since then one Thomas Morrill made an offer to the trustees to purchase the block for £25,000, and Mrs. La Morte expressed through her solicitors her urgent desire that the offer should bev accepted. The trustees now asked that the Court should sanction the sale to Morrin for the sum mentioned, and also asked that sanction should bo given to the sale of another block of land (the Omahu section containing a little more than 72 acres) to G. P. Donnelly at a prico of £28 per aero. After hearing evidence and argument, His Honour made an order in the terms asked and also an order that the costs of the parties should be paid out of tho estate and taxed by the Registrar.