DAUGHTER’S CLAIM FAILS
ACTION AGAINST TRUSTEES A daughter of the late Joseph Gallagher, of Auckland, Mrs. M. E. Mitchell, sued the trustees of her father’s estate in an action heard by Mr. Justice Smith in the Supreme Court yesterday. She claimed that the defendants had wrongfully refused to pay her income on her twelfth share of the estate, and that income had been paid out in capital expenditure. The defendants were Cecil Balfour Gallagher, solicitor, of Auckland, and George Gallagher, of Wellington. The estate was valued at £17,900 and there was a surplus of assets of £16,000, after the payment of debts and legacies. The expenditure of £1,200 by the trustees on renovating the Lake Hotel, Taupo, which is one of the assets of the estate, was one of the points at issue.
Mr. Miles appeared for the plaintiff and Mr. Johnstone for the defendants.
After hearing lengthy legal argument, his Honour gave judgment for the defendants, with costs.
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Sun (Auckland), Volume IV, Issue 1055, 20 August 1930, Page 16
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159DAUGHTER’S CLAIM FAILS Sun (Auckland), Volume IV, Issue 1055, 20 August 1930, Page 16
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