WHANGARATA.

Pukekohe & Waiuku Times, Volume 4, Issue 24, 26 March 1915, Page 1

WHANGARATA.

Sale of Trust Land.

Court Gives Permission. Decision was given by His Honour Mr Justice Hoiking at the Suprem? Court on Wednesday, in the case in

which application w?.s made t) the

Court to grant leave for the sale of certain tiust property at Whangarata. The applicant was Frcncu Potter, farmer, of Whangani'a. The application was m:d3 under the Settled Laud Act.

His Honour said tha case was a very specialoor.n r . The land which it was sought to sell wai, with the leave ot the Court, purchased by the trustees with a sum of £6OOO, arising from the sale of land oiuinally left und:r the will of the late William Potter. It was let n the tenant for life for farming pjrposes. His operatiors were not successful, and the land had gone back ir>. condition. It was badlv infested with Llackherri.s, and rabbits were numerous. Anyone desirous of properly farming tbe property would require to expend considerable sums of money in bringing the land back lata condition, and in making the best of the swampy portions cf it. A conditional agreement had been entered into by a Mr hayward for the purchase of tha property foe £7300, payable on July Ist, 1921. He intended himself to farm and manage the land, ard had bound himself to keep the buildings repaired, End to keep down- the rabbits and noxious weeds, also in each year to put on substantial improvements of tha value of £2OO. The sale of the property was desirable from tr.e point of view, not only of the tenant for life, but of the trust estate itself, and as. a double means of preventing further deterioration. Indeed, the cate mght be put more strongly as a sale which was essential fcr the preservation of the trust estate. The affidavits gave a most full and satisfactory account of Air Hayward's capacity and success as a farmer, who had dealt with eomewbat similar land, especially as regards swamp. They also showed tnat he was a man of means,' with over £9OOO invested, and well able financially to carry out his agreement.

As the sale is not fur cash, but on credit, the question arose whether the Court had the power to grant the sale—that was to say, whether the tale must be a sale for cash, or whether it might be one on term 3. !«i the Caroline Hell estate, the Chief Justice considered the question under the terms of purchase. In that case it was possible the momy might no' have been paid in full fcr 21 years. The sale, however, was very advantageous, and was not of land originally settled but had been purchased by the trustees. The Court consented to th« sal?. Fia Honour followed th's decision in the present cas?. "But for that authority I confess 1 should have had some difficulty," iidded His Honour. But it might be observed that the sale proposed was substantially equivalent to a lease for five years, with a compulsory purchasing clause and the Court had full power to sanction such a lease. The consent rf the court would be given to the sal?, (he purchase money to be secured by transfer and mortgage. At the hearing of the case Mr A. E. Skelton appeared fcr the applicant. Mr it. L. Ziman for the trustees, and Mr K. Bronkfi.ld. for tfce infant daughter of the applicant.