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LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 65, 17 March 1909
LEGAL INQUIRY COLUMN.
CONDUCTED BY A BABRISTER-AI LAW.
Letters of inquiry win he answered every Wednesday in this column. As far as possible they* will be dealt with in the order in which they are received, and replies will Lbe inserted with the least possible delay.
In order to derive the greatest advantage from this column, correspondents should give full particulars of the fact's upon which they desire advice. Whatever the details supplied, however, no responsibiUty can be accepted for errors, in whatever way arising, though every effort will be made to insure accuracy. .Answers are based absolutely on the information given, and, therefore, in all instances, can only ue appUed to the specific case dealt with.
" Every correspondent must enclose his or her real name and address, though not, of course, for publication.
Correspondents are reminded that their addresses must appear oh their letters or inquiry, as well as their true names. To address simply "Auckland," ls not sufficient.
-AIRS. 31. W. writes: "(1) If a father dies, leaving a will, and appoints the mother as trustee -to his estate; the mother dies leaving no trustee; is It necessary for the family to appoint one, or what sreps should De taken? (2) If a mother dies, leaving a will, and neglects to appoint a trustee to her estate, can we appoint one outside the family, ~or must It be one of the family?"
[■(1) In this case It will probably .be necessary to apply to the Supreme Court for the appointment of a new trustee, but it ls impossible for mc to say definitely without perusal of the document creating the trust. This is a matter in which the family- ought to consult a solicitor. Iv any case It will be Impossible to appoint a new trustee Without legal assistance. (2) A stranger may apply £or administration with will annexed at the request of the .benenclartes; but, of course, it is usual for one of the' latter to apply.]
CARfBJXE writes: "A widow with five sons, all married, and four daughters, two married, wishes to claim support. ■Can she claim from daughters, or their husbands, who are only working men, with families of their own?"
[The widow cannot claim any support from her sons-in-law. Her claim is against her own children; but If the married daughters have no -money of. their own, it will be useless to sue them. In that case she wdli claim from her sons only.]
TAILOR writes: "The rules of the Auckland Tailors' Union (registered) says, re special meetings: 'A special meeting will be called at any time by order of the president. The secretary shall give each member at least four clear days' notice by circular of any such meeting.' A special meeting jvas called for Monday, March 1. The circulars bore the secretary's date, February 23. These pere not posted until 7.40 p.m., February 25 (post office stamp). Ail circulars were delivered by Friday (February 26) morning's post, for meeting on following Monday. Question: Is this four clear days' notice? If not. Is the business transacted at . that meeting legal in accordance with rules?"
prhe notice was Insufficient, and, unless •there Is some savlug clause In the rules, the whole business supposed to nave been transacted at the meeting .becomes invalid.
ÜBS. E.'K.— I-t is difficult to advise you from the very slight Information sent. If, however, the carrier damaged- the piano on the way you may claim from Mm the cost of repairing the injuries.
BLUE TONGUE.—Cannot possibly say without full particulars. Bead the instructions at the head of this column.
JACKEROO asks: "Can B claim money that was lent to D to pay in a certain •time. D's age is 16; he has gone away. Can B claim from his parents?"
[I am sorry to be obliged, to say that B Has no legal claim on either D o? his ■parents.]
G.S-. may claim the value of the mattress from the man who rents the room from her. If she has to sue him, however, to enforce her claim she should only proceed with legal assistance.
COCKATOO asks:—"l hold a lease in. perpetuity section under the "Land Act of 1592." There is an old pack track through the section, which some of the settlers claim they can use without mc being able to stop them. The track was used for a number of years before I took up the section, although It has not been used since I have held the section. They claim the right to travel Jt now, owing to It having beenjised for a certain number of years. Flease state .whether I have any power to stop them or not. It is only a matter of convenience that they want to use it now, as they have got roads to their sections."
[Cockatoo.irul read carefully through his lease, and if he finds no mention of the track In that, he will fence out those who claim to use it, and sue the first one who fails to respect his rights. It wUI assist him if.he has to.take proceedings if he puts up a public notice warning trespassers that they will be prosecuted.]
S.T.—lf the drain referred to is a natural water course, S.T. could insist upon his neighbour keeping it sufficiently open to prevent the water backing up on S.T.'s-laud. If, however, It.is an artificial' drain into which S.T. has diverted the water from his own property, then S.T. would have no claim whatever against his ' neighbour If the. latter blocked It up completely.]
DOMINION writes:—"l would like to know if we could compel trustees to sell projwrty after the youngest child comes of ase2"
Tit Js impossible.'to answer this question without full particulars. Dominion should send- mc a copy of the will.]
ELDEST' SON writes:—"A, B and C are joint executors. A keeps the books for twelve years, always acting in ■ unison with B and C, and issuing annual balance-sheets. C has a life interest, and Anally dies. Can A and B, after satisfactory investigation by those interested, demand and obtain a final and absolute discharge. Indemnifying them, from any vexing litigation after division has taken place aDd estate wound no?"
[The trustees should have a formal release drawn by a solicitor, and get every beneficiary to execute it before his share is paid over to him. Such a release should contain an indemnity for all actions and omissions bj the trustees during their term of office.!
K.B. may continue to call herself Kate and sign in that name without any fear. Indeed, if she has been known by and used that name all her life, it would be foolish to alter It.
L.D.N.—A paying guest is only a guest by name. In fact, he is a boarder. Consequently he must observe the rule governing the conduct of boarders, and sive notice of his intention to leave.
At the meeting of the Mt. rtoskill Road Board it was decided that the footpath from Coffey's Hill should be extendjed past' the One-tree Hill Domain enj trance in one direction, and to Greenwood's corner in another, thus, completing continuous footpaths on either side of | the road from Epsom to Onehunga. A letter from the Manukau Water Trust Board was received, inviting the Board to send delegates to a conference in regard to water supply, and it was decided that Messrs. Eagiev and Haslott should represent the Board. It was decided that Messrs. Bagley and Haslett should wait on the Avondale Road Board to discuss the question of the completion of the New Windsor-road. It was also resolved that repairs should be carried out on Verran's and that the footpath along Hillsboro'-road should be asphalted. ' •
The first gala of the Ponsonby Swimming and lafe-saving Club will be held in the Albert-street Baths this everiihg,commenchig' at eight o'clock. The entries are large, and the competitors of a high standard. ul _ __ v
LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 65, 17 March 1909
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