DISPUTE OVER WILL

Sun (Auckland), Volume III, Issue 691, 17 June 1929, Page 11

DISPUTE OVER WILL

ACCOUNTS ORDERED TO BE TAKEN SON AS .MOTHER’S AGENT (Prom Our Oich Correspondent^ HAMILTON, Today. An application for the taking of accounts in the estate of the late Sarah Ann Mitchell, deceased, was applied for by the Public Trustee, acting in the estate, in the Supreme Court today. Defendant was lhe deceased's son. Theodor© John Alitehell. who was appointed executor under the will for the Public Trustee. Air. F. A. De la Mare said the deceased was aged 94 years of age and for some years before her death defendant acted as her agent when she was non compiis mentus. They had a common banking account. After her death he acted as the executor, but never took out probate. On September 21. 1925. ihe Public Trustee applied for administration, which was granted. He now applied for the taking of accounts. The residuary legatees under the will wore William Gandy Mitchell. now missing. George Henry Mitchell. who died in Vancouver two months after the death of deceased. Theodore John Mitchell, the defendant, and Martha Ellen Dnmbelo. married woman. New Plymouth. There were other beenficiaries in the estate to. the extent of L2OO. after 5 per cent, of the total had been deducted for Foreign Missions. Mr. C. 1. MacDinrmid. for Defendant said the latter had given the Public Trustee all information in his possession and done everything to assist. It was admitted the information was incomplete, but defendant could do nothing more. Counsel added that he consented at once to the taking of accounts. In answer to his Houour, Mr. De La More said there was no suggestion of impropriety, but there was £3.100 not accounted for. An order for the taking of accounts by the registrar was made.