GIFTS SET ASIDE

Hokitika Guardian, 19 July 1929, Page 2

GIFTS SET ASIDE

DONOR; MENTALLY INFIRM, WELLINGTON, July 17In the Appeal Court the appeal of Haydn Algar, of Kilbirnie, builder, and Annie Algar, his wife, against Harry Janies Tasker, of Porirua (a mental’-dejfectivej' suing by his administrator,rtlie Public Trustee), was dismissed,'With costs. \ . Mr Justice Myers read the judgment of the Court, dismissing the appeal. In the course of the judgment his Honor said: “We agree with the learned trial Judge that the evidence throughout, is consistent only with the view that after making, possibly, suitable gifts of sleeve links, studs and a gold pencil to his host and hostess Tasker made three gifts of £IOO each in rapid succession to the same donees under the delusion, from which he was then suffering, that the money was of no use to him. We agree also with him that appellants have not succeeded in discharging the burden of proof cast upon them bv the presumption of undue influence. It remains, then, to consider the contention made by Mr James that the alleged gifts Avere confirmed, or adopted, after,'it is said, the influence of the Algars was removed and that the appellants should succeed on this ground.” His Honor went on to say that the inference drawn by the Judge in the Court below was sufficient to this contention, the inference beiifg that whether Tasker was actually fit to make a will or not he was mentally infirm and that the Court ought not to accept the statement of Algar as to Tasker’s attitude as confirmation of a gift arising from the free exercise of Tasker’s independent will. Tho appeal accordingly would be dismissed with costs against appellant.