A TRUST CASE.

Hokitika Guardian, 27 June 1924, Page 4

A TRUST CASE.

£!)(),010 ESTATE CONCERNED.

BLENJIEIAI. June 21

A ia.se which has been the subject of an unusual amount of public interest in .Marlborough was mentioned in the Supreme ('out. beiore -Mr Justice Heed, in-day.

Last month a petition was presented to the thief Justice, at Wellington. by the Public Trustee, at the iusa m e of Hichard AlcCallum, who, until recently, was .solicitor for William .Murray, of Spring Creek, whose estate is valued at between £80,001) and £OO.OOO, praying that the Court should grant a protection order in terms of the Aged and Infirm Persons Act. 1012, and appoint the Public Trustee to be manager and to take possession of and control and manage .Mr Murray's estate, on the ground that he was unable to manage bis own affairs, and tlmt lie was unduly influemed by George Henry Eugene Hills.

The Chief Justice, sitting in Chninl.'C.s. made an inteiim protection order, as requested on .May 21st., with leave to have the matter reconsidered within six weeks. On the present occasion Mr .Murray applied that the petition be reconsidered, and the protection order ic.stinded on the ground that he was capable of managing lii.s own affairs, and that no protection order was necessary. Air Murray is about

85 years of age. Mr M. Myers, K.C., of Wellington, with All T. E. Belling, appeared for Air Murray and Sir .John Findlay, K.C.. with him Air 11. E. Johnstone, for the Public Trustee Something like twenty affidavits weic filed, including affidavits from doctors. Air Alyers asked his Honour lo

.-.hike oat certain paragraphs in an nllidavit by Air 11. AlcCallum. as being improper, lie added that ho was astonished that a barrister of JO years’ standing knew no better than to include such hearsay and entirely irrelevant scandal in an affidavit to the Court.

His 11oiio'ur: Apparently they are both tarieil with the name brush, f noie that Mr Hills’s affidavit alleges that Air AlcCallum is solicited by political spleen against a business associate of .Mr Hills's.

Air Mvers: That is probably equally improper. I bold i.o brief for Alt' Mills. I appear for Air Murray alone.

Hi'- Honour said it was quite apparent that entirely ijclcvant alletj'.i(ioiis laid been made in the affidavits, no reasons being given for the statements made, but they would hardiv iullucnce ni.y judge, and could he disregarded. Referring to some of tile affidavits. Ids Honour said the Act was a very wide one. atnl all that w necessary P> | rove that All Alurrny was pliysicallv ineligible of managing his I>ig estate. A man might 1.0 hem with some physical ill. and vhus ! :■ deemed inca; able of managing bis affairs.

Sir John Fimllav asked his Honour to exercise bis right to petmil him to call .Mr Mills for examination, ami also Alts .A lon ay. wife of Mr AY. .T. Murray, the son. Jfe said Hint an affidavit had been filed by the I’ublir Trustee setting out extracts from the report, of Ids officers oil the condition of Air Murray's estate, loit ATr Hills had not replied to the rather serious statement mr.de therein. In one him' he had given three dill'ereut explanations in regard to the disposal of a

fci tain sum of money, and in other instances hi. explanations were (outrank tury. If the.se witnesses were called

he (Y.uiiglit they would net more toiiab!c iii.ormation than that contained in the aliidavits. Mr Myers: It my Icarue.l friend is given leave h cal! witnesses I .sliall certainly ;i lll to put Mi MiC.dinm in the box. Sir John: lie will be very triad to net into ihe Imx. His 1 lor.onr said it ap] cared ta him that it would l.c better to call witnesses in the case. ft was only a matter of finding time, after discussion in Chambers. It was agreed that the case should he adjourned sine die. la l> > hettrd. if necessary. cither in Wellington or nienhcim, as the -Court might decide. Mr Myers said the object of the adjournment was to enahle the representatives of Mr Murray and the T’ubiis- Trustee to discuss the matter with a view to ai-iiving at a modus operaudi suitable to all parties. It is understood that if tin- parties nirrte to tin- appointment of some suit- : tile person to supervise the estate, no ; more will It- held of the ease. I