Lady Hunter Succeeds

Hawke's Bay Herald-Tribune, Issue 198, 7 September 1937, Page 6

Lady Hunter Succeeds

-Preps Association.)

i ACTION TO REMOVE TRUSTEES ? Order Clearly Justified, Judge Believes WELFARE 0F THE ESTATE

(By Tfllesiaph—

■ WELLINGTON. This Day. The reserved judgment of Mr. Jnstice Smitli in Oie elaiin by Lady Hunter for tlie removal from the trusteeship of tlio estate of her late husband, Sir Geo. Hunter, of Cyvil Paul Hunter and Thomas Percy Hunter, nepliews of frir George, is in favour of tho plaintiff. The judgment was released tnday. Lady Hunter sueceeds on all fonr causes of action Mr. Justice Smith said that Ihe t'acts, he had found, cleariy justified an order for the removal of the defendants as trustees. There had been slackness in the management, unnceessary loss, a fnilure to investigate n claim which had particularly tested the capacity of the defeudants to ac.t correetly when theit interest conflicted with their duty, and there existed a state of hostility wliich prevented tho life tenant from working harmouiously with the trustees. His Honoiir said that he dcsircd to make it very clear that he raade no refleclion ou the lionesty of the trustees but that, in his judgment, tlie wel1'are of the beneficiaries aud of tlie trust estate would be hest socured by removing tlie. dcfendants as trustees and appointing some independcnt person or persons or corporation iu their pJaco. His Honour deferrcd the malcing of an order appointing the Trnstee L'ompany until tlie couipany had consented lo such trusteeship. Cyril Hunter 's executorship in Ihe estate reniains, but he no longer administers the asset.*, Jieferring to the arrangement with Bethune and Hunter, irr. Justice Smith says that ari arrangment of this nature wliich protccled the stock aml station agont and not the estate when priccs wero low, and contained no stipulation "tliat it would contiuue when prices were high, sliould not have been ca-rried on by the exeeutor or by tlie trustees. Upon this eanse of action, he thought Bethune and Hunter had been employed - at a reinuneration which had been excessive by about £70 a year during the past six years. Tlie judgment indicatcs tliat, though Cyril Hunter 's executorsliip is not iinmediately afi'ected. the Judge holds 1 the opinion that it is expedient tliat he should be removed; and to enable tlie proposed trustee to state it-s attitude botli with regard to the trusteeship and executorship no order will be made innnediately. The action is adjourned sine die for further consideration to be broughf nt threo days' notice by either parly. Tlie costs in the uicantime are reserved.