CARTERTON ESTATE

Wairarapa Times-Age, 8 December 1938, Page 9

CARTERTON ESTATE

— CASE BEFORE SUPREME COURT. EXECUTOR AS DEFENDANT. (By Telegraph—Press Association.) WELLINGTON, This Day. A claim by Daniel Fitzgerald, Pittsburg, United States of America, against Allen Clark Tucker, solicitor, Carterton, as executor of the estate of the late John Fitzgerald, a resident of Carterton, who died in April, 1936, was heard before Mr Justice Quilliam in the Supreme Court, Wellington, yesterday. The action was based on certain land transactions to which the brothers — Daniel and John —were parties as far back as 1913, when Daniel came to New Zealand and remained for a few years, carrying on farming operations in conjunction with his brother. Upon his return to America he left power of attorney with John, who administered their joint affairs till the time of his death.

Daniel Fitzgerald stated in evidence which was given on affidavit that the sum held by John on his behalf in 1916 was £lBBl, representing cash received over the mortgage on sale of his (Daniel’s) property. The money was invested in New Zealand, only very small remittances having been made to America from time to time. The executor admitted to the Court that a substantial sum was owing, bu: said that it must be left to the Court tc find the exact sum for which the estate should be liable.

The Court as the basis of its judgment found that on John’s own admission in a will made in 1928 a sum oi £l5OO was then held by him on behalf of Daniel, and had been so held for a period. It further found that r sum of £875 might reasonably have been earned as interest on that sunup to the date of judgment, and accordingly entered judgment against the estate in favour of plaintiff for the total sum of £2375, plus costs and disbursements.

Mr E. P. Hay appeared for plaintifl and Mr C. C. Marsack, Masterton, foi defendant.