BREACH OF TRUST CASE

Hokitika Guardian, 9 October 1924, Page 3

BREACH OF TRUST CASE

BY TISI.ECP.Arit— TOESS ASSN-., COPYIUOTIT.

LEGAL arguaient. CIJRISTGH UltC'll, Oct. 9. The fourth day's hearing of the v, right estate case in which Hon. N'osworthy is one of the defendants was devoted to legal argument. Counsel for the defence contended that under the will the option of the estates was assignable and that tbo testator did not regard it as a disability for a trustee to purchase. Counsel said there was only , one breach of trust that could he looked upon as important. That was the giving of a second mortgage. ” 'phe judge: “That seems to be the most serious.” Counsel contended that unless the Court was forced to a disciplinary point of view, the trustees should he allowed to stand. Counsel for plaintiff submitted that no trustee could buy trust property, except if provided for in the will. Counsel commented that in regard to one transaction, the Hon. N'r.swortliy refused to give the information which it was vital for the Court to have.

NOSWORTFIY IN THE RON. CHRISTCHURCH. October 8. In the Wright case, the first witness for the defence was the Hon Air Nosworthv. He said that he became a trustee in 1905. Ho was mar.led to one of the beneficiaries under the will. Tie saw tlio valuations of the land anu stock before the sale to Douglas Wright and he thought them absolutely fair. He produced a statSmcnt which, he thought, accounted for tic discrepancies respecting the woo , c t .