THE PROBERT ESTATE.

Auckland Star, Volume XXII, Issue 295, 12 December 1891, Page 2

THE PROBERT ESTATE.

STATEMENT BY THE T^l-^^g

ZTJ- Phillip - S a ? d **««*. Buddie, th«iI US^ 08 T Jl P poiflfced un the will of the late Mr John Probert, were present at S_ Carton *°Z ° f bofor6 bho meet " ingceitain matters in connection with the .bequest made to the Wesleyan™ l.Sodtt Uiurch. It was deemed advisable to take discussion upon this subject in committee, took Hnl °. ° Ur re P retired ho Mok down by request the following st-tn-meat made by M? Phillips pcs, thore has been considerable aspersion cast U p ? n the lato Mr Probert for the manner in which "he left his property, and a great proportion of ib to the Wesleyan Church Reflections have aleo been cast upon the trustees for the manner in which they have fulfilled their trust with reference to some ot tho legacies. It is well known to most of those present bhat Mr Probert was an old resident in Auckland. I had known bim from bho time when I was a boy, and no man did I respeco moro than the late Mr Probert. He was a man who, while generous in his lifetime, made no ostentation of his benevolonco. After Mr Probert 3 death, when tho trustees came to investigate his boobs they found hundreds of pounds which ho had forgiven, and which no one but; those concerned knew anything aboub. We also found records of money which ho had ac stated periods forwarded to his relation*, in the old country. v\ c know he was unostentatious in his mode of life, that ho did not spend his wealth upon himself, but gave considerable sums to tho Wesleyan Church. A few years before his death a largo proportion of hia wealth was divided amongst the whole of j" 8 relatives. - I havo made a calculation that Mr Probert distributed amongst his relatives before his death, and by his last will, a sum of about) £10,000. It the trustees had up to the present time realised thab estate, after paying all the charges upon it, I do nob think we should have £8,000 to hand over to the President of the V\ eßleyan Conference. lam stating this after due consideration. When we came to investigate Mr Proberb's books wo found the sum of £370 standing against one of his nephews, who was one of the legatees under the will. "We requested payment of that£37o, which in the accounts had "loan" wiitten againsb it. Ib was claimed, on tho other hand, thab the £370 was a gift, bub in the iaco of " loan " being written againsb the item in Mr Probert'a accounts, and also on the butt of the cheque, the trustees could nob recognise the claim, The case went to the Supreme Court, and tho Judge decided bhat the £370 was a jusb claim againsb the legatee in question. The trustees lefb the whole matter in tho hands of their legal advisers, and they did nob call a single wibness ab. the trial; ib was merely a statement by our counsel and production of the documents Mr Probert had left behind him. Since thab bime there have been several letters in bhe press animadverting upon the character of the late Mr Probert for having lefb money to the church, and not having provided for his relatives. Theso relatives, I should say, are all nephews and nieces. The whole of his nephews and nieces in Auckland — four nephews and three nieces— had £500 each. Nephews on Mrs Proberb's side are to have £500 at bhe death of the testator's wife. £500 was lefb bo a sister in bhe old country, £100 to a niece, and £100 to the testator's brother. I will not say whab I feel, bub from my knowledge of the lato Mr Probert, I would say when a man had done so much for the sons and daughters of his brother, —and for the children of thab brobher he left £3,500—bh0 remarks bhab have been mado concerning him havo been mo3b unjust. I believe Mr Proberb's desire, and the reason why he did nob spend his money, was thab bhe church which I believe he loved should eyenbually benefit, nob tit the expense of his children, not even at tho expense of his brother's children, but at the expense of a greab many comforts and luxuries which he had debarred himself. Por any man calling himself a Chrisbian, and in some case 3 ministers of the Gospel, bo cast aspersions on a man because he had debarred himself of luxuries so thab he mighb benefit the Church, I think ib is nob showing thab gratitude to a benefactor which should be shown. The trustees have also been subjected to a greab amount of insulb. I have been more insulted with reference to bhe action we have taken in carrying out the will of Mr Probert and in conserving bhe inboresb of tho residuary legatee "than I havo ever been subjecbed bo in my life. I shall, however, continue to do what I conceive to be right, and so long as I am trustee of the estate, so long will the funds of the estate go to the sources in which I believe the late Mr Probert wished the monoy to go. (Applause.) Mr Phillips subsequently stated that although the lato Mr Probert left only +•100 to his brother by will, he left £3,500 to that brother's children, and he thoughb ib was no doubb tho intention of the testator thab when the £100 was gone the brobher should have his children so provided as to be able to support bim. . , Mr Lawry said he was acquainted with the brobher of tha deceased. He and his family had been struggling for years, and tuey naturally expected some help from their uncle, who was wealbhy. Rev. Mabher asked : Is ib a facb thab bhab 'brother received hundreds of pounds at different times? Mr Phillips : Thab is a question which I cannot answer. . The meeting ab this stage resolved itself into commibbee for discussion of mabters connected with the legacy.