MORGAN-WRIGHT CASE

Hawke's Bay Tribune, Volume XVII, 9 December 1927, Page 8

MORGAN-WRIGHT CASE

AGAIN BEFORE SUPREME COURT. MARRIED WOMAN’S CLAIM.

Christchurch, Dec. 8.

Another phase of the MorganWright case came before Mr. Justice Adams to-day. Ethel Roberts, wife of Charles Clarendon Roberts, farmer, of Ashburton, who was absent in England when the last case was heard, was the plaintiff; and the defendants were the Bank of New Zealand, Harriet Myra Wright, the Hon. W Nosworthy, Florence Jenny Myra Morgan, with her two children, infants under the law, and Lilian Kate Nosworthy, wife of W. Nosworthy. In 1924 litigation was started by Florence Morgan and her two children against D. G. Wright. Harriet Wright and W. Nosworthy. on the grounds that there was not a properly administered trust created under the will of Edward George Wright, deceased.- After the judgment of the Court of Appeal, when Harriet Wright and M illiam Nosworthy had undertaken to retire from the trust, a deed of compromise was arranged between the bank and defendants, giving the bank security over the Surrey Hills farm for the whole of the present and future debt of D. G. Wright to the bank. Plaintiff while in England received a cable asking her for power of attorney, which she gave. This was used to execute the deed of compromise. In this action plaintiff claimed that the deed was contrary to plaintiff's interests. She claimed that the action of the hank in executing a mortgage oyer the Surey Hills farm, and in selling the farm at auction, bad been without her authority. She asked for a declaration that she was not bound by the deed of compromise or the memorandum of mortgage. and that the bank holds the proceeds of the sale of Surrey Hills as trustee, subject only to the debts secured by the mortgage prior to the decision of the Court of Appeal. Plaintiff also claimed that she was entitled to a. certain income from the estate, which she had not received since 1925. The case is part heard.