45

B.- 0.

(9.) Manson v. The Public Trustee (1925 G.L.R. 153).- —The Public Trustee recovered judgment in an action against several debtors, some of whom were beneficiaries. Upon his proceeding, however, to make one of the debtor beneficiaries bankrupt it was objected that like proceedings must be instituted against all. The Court decided, however, that it was open to the Public Trustee to enforce judgment against one only of the judgment debtors. (10.) Warnock v. Jones (1925 G.L.R. 189). —In this case the Court laid down that it had jurisdiction apart from statute to allow payment to a trustee when such was for the benefit of the estate. The estate in question was of considerable value, and comprised the varied and miscellaneous businesses of the deceased testator, which comprised hotelkeeping, general storekeeping, carrying, baking, conducting a billiard-saloon, and providing, provisioning, and conducting fishing-camps for tourists and anglers. The manager of the business was appointed one of the trustees, but the will contained no provision for his remuneration. The Court held that in these circumstances this trustee's services were specially desirable for the estate, and accordingly sanctioned payment therefor. (11.) Toner v. Lister (1925 G.L.R. 323). -This case arose out of a previous application for relief under the provisions of the Family Protection Act, 1908. At the original hearing the Court had reserved leave to the plaintiff to make further application if her circumstances changed. It was urged that the rights of the parties could not be kept open in this way, but the Court, overruling the objection, made an allowance to the plaintiff, who was the widow of the testator. (12.) Watson v. Richards (1925 G.L.R. 397).- This action decided that a direction in the will to discharge " current expenses " embraced testamentary expenses and estate duty. (13.) The Public Trustee v. O'Brien (1925 G.L.R. 500). —Testator, by his will, which was of the " home-drawn " variety, directed that the " interest on mortgages be reduced to 4 per cent, from date of my death. The mortgages may be renewed if so desired for fifteen years at 4 per cent." It was decided that the last sentence relating to the renewal of the security conferred a right of benefit upon each mortgagor to obtain a renewal of his mortgage for the term stated and not a mere authority to the trustee of the will to extend any mortgage if he so thought fit. 65. Apart from contentious matters there is always a considerable volume of ex parte applications in the Supreme Court to engage the attention of the Office. When the Public Trustee is appointed executor under the will of a deceased person, or invited to act in the administration of a deceased intestate, his first duty is to obtain the necessary authority from the Supreme Court to enable him to assume his functions of executor or administrator, as the case may be. As might be expected, there is always a steady stream of applications of this kind. The figures for the year ended 31st March last and the corresponding totals for the previous year in connection with applications for probate or orders to administer are as follows : — Applications to the Supreme Court for grant of 1925. 1926. probate . . . . . . . . 566 569 Applications to the Supreme Court for grant of orders to administer . . . . 216 234 In addition 668 elections to administer were filed. Included in the foregoing figures for the past year are forty-four applications made by private practitioners —thirty-two applications for probate, and twelve applications for grants of letters of administration. In all other cases the solicitor to the Public Trust Office acted. Where a grant of probate or administration has been made in England or in some other part of the British Empire it is not always necessary for a separate independent grant to be made by the Supreme Court of New Zealand in order for the New Zealand assets to be dealt with. All that is required to confirm the executor or administrator in his office within New Zealand is for the original grant of probate or letters of administration to be produced to and resealed by the Registrar of the Supreme Court of New Zealand, and this has the effect of enabling such executor or administrator to act in that capacity in New Zealand in all respects as if his grant had been originally made by the New Zealand Courts.