B. 9

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On the other hand, the New Zealand Public Trustee willingly co-operates with State Trustees in other parts of the Empire in realizing and administering New Zealand assets belonging to the estates of deceased persons who die domiciled beyond the Dominion. DISTRIBUTION OF MISSING BENEFICIARY'S SHARE IN ESTATE. The Office continues to find by experience the value of adopting the procedure laid down by section 25 of the amending Act of 1913 in the case of beneficiaries whose whereabouts cannot be traced. After all reasonable efforts to trace the missing person have failed, a petition for directions is presented to a Judge of the Supreme Court by the Public Trustee, wherein is set out all the steps which have been taken to discover the existence and whereabouts of the missing person. At the hearing the Judge orders suitable advertisements to issue in daily newspapers and other journals which are likely to reach the beneficiaries sought or those knowing of their whereabouts. If claims are received and satisfactorily established (as has happened in several cases) the share is forthwith distributed to the rightful claimant. Failing satisfactory response to the advertisements the matter is again brought before the Judge, who is then empowered to authorize the Public Trustee to distribute the share in question, disregarding the claims of the beneficiary whom it has been impossible to discover. Section 25 reserves to any beneficiary so excluded the right of following his share into the hands of whatever persons have received it. ELECTIONS TO ADMINISTER ESTATES OF DECEASED TESTATORS. By section 18 of the Public Trust Office Amendment Act, 1913, the Office has been empowered to elect to administer estates not exceeding £400 in value according to the provisions of a testamentary instrument without incurring the expense of applying for Court authority. Previously the power had existed only in respect to intestate estates. Each testamentary instrument is examined by the Solicitor to the Office, and the utmost care is taken to ensure that the validity of each document is conclusively established before an election is filed. In all cases of doubt the order of the Court is taken in ex parte proceedings for probate in the usual way. By this procedure the disbursements are kept at a minimum, the only fee payable in the majority of cases being an amount of 3s. for filing the documents. Furthermore, the work of administration is greatly expedited. If after filing an election it is found by subsequent investigations that the estate exceeds £600 in value, a memorandum to this effect is filed in Court, and probate is thereupon applied for in the usual way. DISCHARGE OF MORTGAGES ON BEHALF OF ABSENT MORTGAGEES. During the past year, as in previous years, the provisions of section 75 of the Property Law Act, 1908, and of section 117 of the Land Transfer Act, 1915, have been largely availed of by mortgagors who were desirous of obtaining a discharge of securities where the mortgagee thereunder was absent from New Zealand and no person in the Dominion was entitled to discharge the encumbrances. tn each case where the sections are invoked the Public Trustee insists on satisfactory evidence as to the amount due under the mortgage to the date of payment of both principal and interest, and of the inability of the mortgagor to obtain a discharge in the usual way. The proceeds of the mortgages so released are held by the Public Trustee on trust for the mortgagee or other person entitled thereto. RECEIPT OF MONEYS AND DAMAGES PAID ?ON BEHALF OF INFANTS OR PERSONS OF UNSOUND MIND. Section 13 of the Office Amendment Act of 1913 is serving a most useful purpose in safeguarding the interests of infants and persons mentally defective who become entitled to the payment of moneys or damages received or awarded in any Courtaction or proceeding. The provision referred to makes it imperative that all such moneys, whether derived by compromise, payment into Court, or otherwise, shall be paid to the Public