HEIRESS TO A FORTUNE.

Taranaki Daily News, 2 August 1918, Page 6

HEIRESS TO A FORTUNE.

GUARDIANS IMPEACHED. The action of the guardians of the heiress to an estate worth between £14,000 and £15,000 was challenged in a case which was commenced in the Auckland Supreme Court on Saturday before Mr. Justice Cooper. Win. H. 'Knock, merchant, of Auckland (the Hon. J. A. Tole, K.C., and Mr. Pulfon), petitioned for the removal of Thomas C. R. Thatcher and lus wife, Mary Delicia Thatcher (Mr. iPrendergast), from the guardianship of Elsie B. D. Arkell, a girl about 13 years of age, who is sole beneficiary under the will of the late Daniel Arkell, brewer, of Auckland, by whom she had been adopted. It was also prayed that the petitioner and Dr. R. M. Beattic be appointed by the Court as guardians of the child.

[ Mr. Arkell, who died in December, 1012, appointed Messrs Knock and Thatcher executors of his will, and Mr. and Mrs Thatcher guardians of the child. His eßtate was to vest in the child when she became of age, or married, and in the event of her death before she reached the age of 21 it was to pass to the Jubilee Institute for the Blind. To the guardians he left au allowance of £l5O per annum for the child's "proper maintenance, clothing and education," and he directed that she should be brought up in the faith of the Church, of England. Air. Tole, in opening the case for the petitioner, said that under the will Miss Arkell inherited an income of between £BSO and £9OO a year. In May, 1015, Mr. Thatcher sent her to St. Cuthbert's College, but after seven months he took her away to what might be called the back blocks at Waiharakeke, near Raglan, where he had acquired a farm. Thero she was required to do what could be described as menial drudgery, and was certainly injurious to her health. Mr. Knock became doubtful whether the money paid to the Thatchers was being expended in accordance with the will, and, at his insistence, the girl was sent back to St. i Cuthbert's College in February last. On her arrival there her wardrobe was found so deficient that clothing had to be borrowed for her. In May she was removed by the Thatchers to Mrs Moore-Jones's school, where she still was. Mr. Tole read affidavits by Drs. Milsom and Beattie to the effect that tie girl had told them that she was required to rise at 5 a.m. and to milk four cows morning and evening, that she was not always able to attend school, and that on Saturdays and holidays she was sent out to cut scrub; also that the Thatchers frequently beat her and, threw plates at her. It was also v-tatcd in the medical affidavits that she was anaemic, and of less than average height anil weight, and that her education was backward.

Mr. Justice Cooper interrupted Mr. Tole with a remark that the statements just quoted were purely hearsay on the part of the deponents, seeing that the girl herself was a competent witness. The affidavits filed were so contradictory that it was necessary that Miss Arkell should come before the Court for examination.

Mr. Prendergast said the child's explanation was that the statements made by her consisted principally in answering' "Yes" and "No" to questions.

After further discussion His Honor adjourned the case to a date to be fixed, both counsel undertaking that until the further hearing neither of their clients should approach the girl. Affidavits fil,ed l*y the respondents stated that the child was taken to the country under medical advice; that she was receiving proper education at the local school and by means of private tuition, and I hat when it was considered that her health permitted she was sent to boarding school. The deficiency in wardrobe was accounted for by the fact that Mrs Thatcher, on her way to St. Cuthbert's with the girl, was taken ill, and had to be removed to the Auckland Hospital, b/jing thus unable to complete the wardrobe by purchases in the city. Jt was denied that the girl was ever called upon to do milking or other farm work. She had, it was alleged, always been weak in constitution, and the local schoolmaster's testimony is quoted to the effect that she 'appeared well cared for and happy in her environment.