A FAMILY ESTATE.

Hokitika Guardian, 22 September 1925, Page 4

A FAMILY ESTATE.

CHEYMOCTH. Sept. 21

Prolonged litigation in connection with the estate of Mrs -Margaret Ann Anderson, who died at Dreymouth in September, Ilka’, was finally settled at the Supreme Court, Crey mouth, to. day. \iheii .Air .liistiee Deed gave his dci i.-ion in favour of the widower. John Andersim. against the executor.

.lames Collngali. wlm entered a coini-tcr-claim. The chief point at issue was whether the sum of £B!)7 •>< was. or urn, not. a gift in Andor-oit I rout his late wife.

The statement of claim set out that defendant was no; ointed exeeutor under the v. ill ef the Into Margaret Ann Ainter- m. dated duly 2Sth. D>22; that the plaintiff i- a beneficiary entitled to one-third share of the real and personal estate of deceased; that the defeirlant has possessed himself of the estate; that the' plaintiff lias request, cd the defendant to render him at hiown expense an ac-nunt of the estate, and to pav to (he plaintiff a one-third share of the amount of such account: that the defendant has failed to render ai.v account, and has also tailed to pay i.nc-third share: therefore, plaintiff asked for an order that the account should he taken by the ( oitrt ; for judgment for hi- share: for the cost of the proceedings to he paid hv defendant; and for such other relief as the Court may deem him entitled

The defendant's coimte.r-elaim denied that he had possesed himscli of the estate; that the (laintiff had requested him to render an a<- ouni and to pav a cue-third share; that he had tailed to render sia li a-eoiint and had fade! to pay such -lmr". The defendant further set nut that the estate of th 1 not value ei aha: that ik“ plaintiff a few due's prior t « the death ef do cased converted ! > hi- own u-e e.qftr (ts; that aider the death of d"-eoa-ed. plaintiff e inverted to his own use furniture and effect-, valued at L'.'O: that the plaintiff has refused to pav the raid -aim and deliver the said furniture ami clients: the; the deI'eiulntil is therefore unable to complete th e r.dmini-i ration of the estate. DoI'cedanl counter-elaitned for: la) Judgment for the sum of f:W7 (h. together with inte'e-t thereon at the rate of f- 1 ; mu- cent, per annum from Sept, (it'll.. 11)22. to the date of judgment; ()>) That the plaintiff he ordered to (diver to the defendant possession of the furniture and eiieets. or their value. £d;0; (o For such other relief as the Court may deem Lite delendnnt is entitled to.

Ilis llomiur said that he did not want to hear addresses by counsel. He was silt isli-d that the money was a gilt to plaintiff, and as the whole action

was brought to decide that point, tho (a-c e.itihl conclude. Judgment- would be given on tln? claim lor the plaintiff for accounts, ami that one-third ot the net value of the estate ha (laid to the plaintiff. On the counter-claim judgment against the plaintiff for £C proceeds ef furniture, to he deducted from the one-third share coming to tlic plaintiff, without (osts. ,\s the action was brought at the request of the defendant to decide the question of the Dost Office moneys, and plaintiff had sul staiuially succeeded on the whole matter, (osts would ho allowed to the plaintiff, £lo Ids. and dielinrvements to be paid out cl the estate.