GIFTS BY DEFECTIVE

Sun (Auckland), Volume III, Issue 717, 17 July 1929, Page 9

GIFTS BY DEFECTIVE

NOT UPHELD BY COURT APPEAL CLAIM FAILS Press Association WELLINGTON, Today. In the Appeal Court case, Algar and others v. Tasker, judgment was delivered by the court today. The Chief Justice, the Hon. M. Myers, dismissed the appeal. In the course of the judgment, his Honour said, ‘‘We agree with the judge at the trial that the evidence throughout is consistent only with the view that, after making possibly suitable gifts of sleeve links, studs and a gold pencil to his host and hostess, Tasker made three gifts of £ 100 each in rapid succession to the same donees under the delusion from which he was then suffering that the money was of no use to him. We agree also with him that the appellants have not succeeded in discharging the burden of proof cast upon them by the presumption of undue influence. It remains then to consider the contention made by Mr. James that the alleged gifts were confirmed or adopted after it is said that the influence of the Algars was removed, and that the appellants should succeed on this ground.” His Honour went on to say the inference drawn by the judge in the court below was sufficient to answer this contention, the inference being that, whether Tasker was actually fit to make a will or not, he was mentally infirm, and that the court ought not to accept the statement of Algars as to Tasker’s attitude as confirmation of a gift arising from the free exercise of Tasker’s independent will. The appeal accordingly was dismissed with costs against appellant. The facts are that for about six weeks prior to September 21, 1926, respondent lived with appellants at their home in 140 Coutts Street, Kilbirnie, Wellington, and, during that time, made gifts to appellants of £315. Frpm 1907 to 1917, Tasker had been an inmate of Porirua Asylum and, shortly after making these gifts, showed evidences of insanity, which necessitated his being brought before a magistrate again. It was not until October, 1927, however, that lie 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 and it wasAfrom this decision that appeal was made,