TRUST COMMISSIONER’S COURT.

Poverty Bay Standard, Volume X, Issue 1216, 4 December 1882, Page 2

TRUST COMMISSIONER’S COURT.

4, This Day. (Before M. Price, Esq., Trust Commiosioner.) P. BOND V. COLEMAN & CLARK. M. J. Gannon, on examination in this case, deposed that he interpreted between Wi Haronga and Phillip Bond regarding a deed, and that nothing passed between them regarding fighting Read’s Trustee, nor did he ever say anything to Wi Haronga respecting the agreement being rescinded and the land given back when the fight with Read’s Trustee’s was over. Mr Kenny called Robert Cooper, who deposed that Wi Haronga’s statement was false. He had negotiated between the parties, but at no time was there anything said about Bond being put in to fight Read’s Trustees, nor was anything said about Bond giving up the land when the fight with Read's Trustees was over. He often saw the two parties and nothing was said regarding this, their great difficulty laying in fixing the term of the lease.

Mr Kenny said that Mr Carroll had been subpoenaed, but was not present in Court. Mr Rees then put in a document of agreement between Phillip Bond and Wi Haronga, drawn and interpreted by Mr Gannon, agreeing to give Phillip Bond a fresh lease after the subdivision of Matawhero No. 1. The case was ad journed by consent until 2 p.m. to-morrow.

WttATA vrokd Bw'.k, M. J, cannon And other- v. j%p. Thii was an adjourned case, Mrs Kate_Gannon deposed that she wa, a grantee 4s Kate WylUe; In the Whataupoko Block; and remembered certain arrangements being made by Mr Gannon respecting it. She remembered an agreement with Mr Rees.Wi Pere, and Ripejata Kahiitia respecting the conveyance of 500 acres of land. There were 500 acres to be sold to Mr Gannon by Mr Rees, Wi Pere. and Riperata. I remember the 500 acre arrangement. I know of no other conveyance. lam one of a Committee appointed under a deed of trust to arrange i regarding the block. I haye never rclinqlushed my position. I do not know of being asked to sign a trust deed after my being appointed on the Committee. Mr Reee and Wi Pere agreed that my own portion should be cut off. I don’t know who Interpreted. I went with Riperata to Mr Rees's office, anti he wanted 'me to sign away all my interest in Whataupoko. By Rees i Did you not donfe to sign th* trust deed, and acting on Mr Gannon’s advice you refused? Did not MrGannon have the whole of the negotiation, in hand. Witness ; Yes : Mr Gannon acted for me all through, from the beginning. Wi Per* put my name down oh the committee list. Mr Rees asked me to hand over to him th* whole of my interests. Mr Rees made arrangements with Mr Gannon on my behalf. My declining to sigh the trust deed wae on Mr Gannon’s advice. It was agreed I should assign to the trustees all my interest in Whataupoko outside the 302 and 300 acres and other interests which I claimed. At the time the deed of covenant was signed I executed a conveyance of intereata in a 1000 acres to Mr Allan McDonald.

M. J. Gannon, aworn, stated: These transactions have been extending over some years, and culminated finally in the documents before the Court. In accordance with Mr Rees’s request I supplied him in writing with a resume of what Mrs Gannon considered equivalent to her intereata in the block. He agreed to the terms, and Mrs Gannon and myself have signed the documents required. Mr Rees lias not complied with the requisitions of the deed. It was not agreed between Mr Rees and myself that Mrs Wyllie (now Mrs Gannon) should aign a deed of conveyance to Rees, Wi Pere and Riperata Kahutia conveying to them as trustees all her Interest In the Whataupoko outside the 300 acres. In my letter to Reea I stated the terms which Mrs Gannon required for her interest. Those terms were specified in deeds which were prepared and which, I believe, were duly executed. 1 think this was done in Dr Buller’s office in Wellington over two years ago. The case was adjourned until 2 p.m. tomorrow, Mr Rees undertaking to make satisfactory arrangements respecting the 3 acrsl conveyed to Mr Gannon.