UNUSUAL LAW CASE.

Taranaki Daily News, 8 June 1916, Page 2

UNUSUAL LAW CASE.

A QUESTION OF TRUST. By Telegraph.—Press Association. Wellington, .Tunc fi. A case in which plaintiff sought repudiation of trust came before Mr. Justice ETosking at the Supreme Court today. Plaintiff was Mary Isabel Toms, wife of Frank Howard Toms, of Auckland} and defendant was the 'Public Trustee. The Court was asked to set aside the settlement or trust created by a certain document, 011 the ground that plaintiff, at the time of executing the document, had no experience of legal or business matters, and wag quite ignorant of its effect and the incidence of trust created.

Plaintiff asserted that these matters were not explained to her at the time the document was signed, and she prayed that it be. cancelled, and also for an order requesting the defendant to deliver up all moneys and securities held by defendant on behalf of the plaintiff. The statement of defence was that the position was fully explained to the plaintiff when she signed the deed of trust, and that she appeared to understand tlie position thoroughly. Mr. A. E. Skelton, ot Auckland, appeared for plaintiff, and Mr. E. P„ Hay represented tlie Public Trustee. In opening, Mr. Skelton stated that the case was a verj unusual one in Kew Zealand courts. It was to set aside a duly signed document, hut lie would show quite plainly that plaintiff was always simple-minded and unsophisticated as a girl. At the age of 21 she came into £I7OO, left hv her grandfather,' the late ffm. Jsichoih. of Featherston. Later plaintiff married, and on the advice of her solicitor. Mr. T. M, Page, of Eketahuna, she signed n, trust settlement, believing, however, that a private trustee had been appointed, because she had statwl plainly that sh was opposed to the appointment of the Public Trustee. Xo imputations were made against Page. The case is unfinished.