A FARMER'S WILL

Dominion, Volume 12, Issue 229, 21 June 1919, Page 3

A FARMER'S WILL

A QUESTION OF LAND VALUES

AN INTERESTING CASE

In the Supreme Court yesterday, before •His Honour .tho Chief Justice (Sir Kobert Stout), a matter involving the valuation or land in the Taranaki district bequeathed under a father's will-to several) eons, came up for argument. ; _The parties, wero Patrick .. Alexander Bourke, of Whenuakura, near • Patea, plaintiff, and James Thomas Bourke, John William' Bourke, Andrew Vincent Bourke, Joseph Francis' Bourke, alii of •Whenuakura, and tho Public Trustee, defendant. . .

Mr. T, Young, with,him Mr. P. O'Dea, of Hawera, appeared for tho plaintiff, Mr. M. iJlyere! with him Mr. C. Fleming, for James Thomas Bourke! Mr. C.. P. Skerrett, K;C., with lriw Mr. Crombie and Mr. Cook, for John William Bourke, A. V, Bourke, and J. F. Bourke, and Mr.

G. Rose for the Public Trust Office. Acoordirig to the facts, Patrick Bourke, late of Whenuakura, farmer, made his . will on April 7, 1905, and appointed ' ■ James Kennedy and Edmund Bourke trustees and executors in-conjunction with one Thomas Hogan, of Kakaramea. Patrick .Bourke died on July 17, 1907, and probate .of the will was granted to the

parties named aa executors.- By deed .of dated April 9,. 1910, James Kennedy, the surviving executor, appointed the Publio Trustee sole trustee of the

will. • The said Patrick Bourke'left'him 'surviving five 60ns, and by his will specifically demised the realty in his estate to his'sons in unequal shares, the testator providing that , if -the lands devised to any particular eon wereof greater value, than those devised to another son.then ! the son to whom tho land of -greater; value' was devised was to pay to the 60n to whom the lands of lesser value were devised a sum by way of equality of partition, the testator's intention 'being that each son should receive an equal-benefit -;-from.the.estate.. Upon tho .youngest son -attaining-the age of-21'the whole-of

the properties devised were to bo valued, and divided "so that the bequests shall be of equal value as far os possible." The youngest son attained his majority on December 4;. 1915. Oil' February 7, 1916, the Valuer was asked to make a valuation of the lands, the valuations to • be as on December 4,1915. andl the valuations so made were, fa) ,401 acres Carlylo Survey District devised to Patrick Alexander Bourke. ,£14,676; (b) 201 acres Car-' lylo Survey District, devised to James Thomas Bourke, <£8262; (0) 300 acres, Ha-' wera, devised to John William Bourke, ■ Joseph Francis Bourke, and Andrew Vincent Bourke, <£10,374. These valuations were objected to by : a majority of the. devisees, and the Public ■■ Trustee endeavoured to have a valuation made by a valuer appointed by tlie beneficiaries, but unanimity in this matter was'not reached, and tlie Valuer-General was requested to havo a special valuation of the properties obtained, as on December 4, 1915, the Valuer-General being informed of. the purpose of the valuation'. On February 25, ; 1917, the ValuerGeneral forwarded valuations as follow •— -fa) ,£13.843; fb) .£8779; (c) 410,116. . ' The Public-Trust Office accepted these valuations, ,nnd accounts were, prepared '' and forwarded to the -beneficiaries for their written approval. On July 6, 1917, the three younger sons, through their solicitors (Messrs. Chapman, Skerrftt, Tripp, and Blair), wrote to the Public

Trustee protesting that, the valuations , were'absurdly low, and adduced .evidence in favour of their contention, and claimed that they would be unfairly treated If the valuation were adopted as the basis of distribution. ■ A strong prima' facie case having been made out in favour of the. three younger sons, the Public Trust Office decided to invite all the beneficiaries to a conference, and eventually a .conference was hold at Wellington, on January 18. ISlfl. At this conference a strong case was made out. in favour of the three younger sons, and as n matter of:equity it was decided, to obtain a fresh valuation byr.a private valuor. Messrs. J. R. Corrigan and Oswald 1 Bawken. of Hawera, were„ instructed to make'the valuation, and they submitted the following:—(aA ,£21,722 Is.: fb) .£13.067; (c) .£13,528 Is. Total, .£48,312 2a. . This valuation wa9 accented os the bfiais of distribution, and the valuation , of-' each son's share in ' the realty was • treated as. .£9698 :Bs. 5d... being one-fifth of the total value of .£48,312; that Patrick Alexander Bourke pay JE12.05!) ,12s. 7d. and James Thomas Bourke JE3404.115. 7d. by way of equality of interest, and . that nut of the sum received by way of i equality ,of interest the three youngest' sons receive..£so76 4s. each. .' The two oldest sons desired the epecial valuation obtained by the Valuer-General to be adherered to, 011 tho ground that . the .Public Trustee had in terms of the will adopted that valuation, while'the three younger'sons insisted upon the valuations mado by the independent . valuers being the basis of distribution; •The case..had not concluded. when the /Court rose yesterday,. "