COURT’S DECISION

Hokitika Guardian, 15 December 1930, Page 4

COURT’S DECISION

PUBLIC TRUSTEE OBJECTS TO APPuINTMENT. (By Teleginph—Per Prods Association.) WELLINGTON, December 12. The question whether under the circumstances the Public Trustee should tie appointed to administer the estate of an old Marlborough farmer was discussed before the Chief Justice and Jus tices Reed and Ostler in the Supreme Court. In support of the motion Mr Reed of Blenheim, said an order was mado in October, by which the Public Trustee was appointed manager under the Aged ind Inrirm Protection Act of that estate and the affairs of the old man. The order was made subject to the Public Trustee consenting. Consent, 1 however, had been refuse! and the matter was again before the Court for an order directing the appointment of the Public Trustee.

Mr G. G. Rose ,who appeared for the Public Trustee, said the Public Trustee’s attitude was that there were circumstances which rendered it inequitable that he should be appointed. The! Public Trustee was the principal creditor of the old man, 1 The Chief Justice: What is the Public Trust Office for? Isn’t it there primarily for the purpose of executing trust from the public who wish to have'their trusts executed?

Mr Rose agreed ithat was so. In ordinary circumstance,a the Publio Tras. tee would accept the position of administrator,

His Honour reiterated that primarly it was the Public Trustee’s duty to act as trustee in such matters. The Public Trust Office was there for the public convenience,

Finally Mr Rose said that the Publio Trustee left the matter in the hands of the Court. If the Court considerhe should take the position, that would be done.

After consulting with Justices Reed and Ostler, the Chief Justice said they agreed that the proper course was to appoint the Public Trustee. “He must undertake responsibilities,” said his Honour, “and he must overcome difficulties. His primary duty is to execute trusts that are offered the Public Trust Office.”

An order as moved was made, appointing the'Public Trustee. Leave was reserved to the Public Trustee to apply for any necessary directions.