MENTALITY QUESTIONED

Sun (Auckland), Volume III, Issue 706, 4 July 1929, Page 1

MENTALITY QUESTIONED

MAN’S GIFTS TO FRIENDS CASE BEFORE APPEAL COURT Press Association WELLINGTON, Today. The Court of Appeal, consisting of the Chief Justice, the Hon. M. Myers, Mr. Justice Herdman, Mr. Justice Adams and Mr. Justice Blair, is engaged today in hearing the appeal of Haydn Algar, of Kilbirnie, builder and Annie Algar, his wife, against Harry James Tasker, of Porirua, alleged mental defective, suing his administrator, the Public Trustee.

The facts are that, for about six weeks prior to September 21, 1925, respondent lived with appellants at their homo in 140 Coutts Street, Kilbirnie, Wellington, and, during that time, made gifts to appellants of £315. From 1907 to 1917, Tasker had been an inmate of Porirua Asylum and, shortly after making these gifts, showed evidences of insanity, which necessitated him being - brought before a magistrate again. It was not until October, 1927, however, that he again was committed to a mental asylum, and the Public Trustee appointed administrator of his estate.

In 1927 the Public Trustee brought an action to have the gifts set aside on the grounds that, at the time of making them, Tasker was of an unsound mind, and that the Algars had taken advantage of his weakness. Mr. Justice Smith held that the gifts should be set aside on the ground that there was confidential relationship between the parties, presumption of undue influence arose against the donees, and that, owing to the state of mind in which Tasker continued thereafter it was impossible to conclude that Tasker, with a full sense of responsibility for the disposition of his property, made the gifts. Appeal is now being brought from this decision, and argument is proceeding. , „ „ For the appellants, Messrs. H. H. Cornish and James are appearing, and for respondent is Mr. S. A. Wiren.