SIX LAWYERS ARGUE INVOLVED ESTATE CASE

Sun (Auckland), Volume II, Issue 397, 4 July 1928, Page 16

SIX LAWYERS ARGUE INVOLVED ESTATE CASE

PIONEER MINISTER’S MANY DESCENDANTS No fewer than six counsel were engaged yesterday in the Supreme Court in presenting certain problems in connection with the administration of the estate of the Rev. Gideon Smales, for a ruling by Mr. Justice MacGregor. Mr. V. R. Meredith appeared for daughters of the testator, Mrs. Mrs. Cunnold and Mrs. Wilkins; Mr. R. McVeagh for Mrs. Davis; Mr. F. L. G. West for Ambrose Noel Smales: Mr. Peak for Mrs. Buttle and the superintendent minister of the Otanuhu Methodist circuit; and Mr. Cocker for the General Trust Board of the diocese of Auckland. Mr. A. H. Johnstone, for the Public Trustee, now administering the estate, said that Mr. Smales was a pioneer minister of the Methodist Church oi’ New Zealand. He had been married four times. He married first in 1841, and his wife bore him eight -hildren before she died in 1862. His second wife, who died in 1869, bore him four children, but they all died in infancy. Of his third marriage, contracted in 1873, there were seven children. He married again on the death of his third wife. He died in October, 1894, and his widow in 1924.

The unadministered assets of the estate consisted of £685 in cash and a property of 215 acres in the Pakuranga district, near Howick, knpwn as Hampton Park, which the parties concerned had agreed to value at £20.918. On this piece of land Mr. Smales had erected in 1860 a stone church which had recently been restored by the family. Under the terms of the will four acres were to be set aside, two for the Methodist Church and two for the Church of England. Most of the questions in dispute had been settled in conference among the parties concerned.

It had been found, however, that the four acres were nearer seven. The Court was asked to fix the boundaries according to an agreement by the parties concerned. His Honour was also asked to direct the manner of che future appointment of trustees by the two Churches. It was desired also that he should determine who was che “oldest surviving son.” His Honour decided that Ambrose Noel Smales was the “oldest surviving son,” and made a general order in terms of suggestions submitted by counsel.