INTERESTING LEGAL DECISION

Auckland Star, Volume XLVIII, Issue 208, 31 August 1917, Page 6

INTERESTING LEGAL DECISION

ADMINISTRATION OF A WTLI* A decision of interest to members of the legal profession has been filed in tht Supreme Court at ' Auckland, by Mr. Justice Hosking. in respect to an application by Messrs. Parr and Blomfield (for whom Mr. A. B. Mossman appeared) for letters of administration with tin ■will annexed, of the unadministered portion of the estate of the late James Jiepburn. The application was occasioned by the death intestate of the widow of the deceased, who was both life tenant in the estate, and also the last surviving trustee and executor. When the application was heard at Auckland hi 3 Honor reserved his decision, but has now granted letters of administration, with the will annexed, of all the estate left unadministered of the deceased. In making this grant his Honor remarked that this decision -was open to him in that the residuary beneficiaries -under the will of the late James Hepburn— who are the next-of-kin of the widow, and who could have applied for a grant of letters of adnainietration in her estate—had in this case applied for letters of administration with the will annexed, of the unadministered estate of the testator, James Hepburn. It is interesting to note the conflict betweem Xew Zealand and English law here. According to our Administration Act, 190S, Section 4, a grant of letters of administration of the widow's estate in this case would have operated to convey the legal estate held by her in trust to her administrator. English law differs on this point. According to Halsbury'e Laws of England. Vol. 14, p. 196, "Upim the death of an executor intestate the legal estate held by him in trust does not devolve upon his administrator. A search of some of the records in the Deeds Registry Office, Auckland, will show that in certain cases eimilar t9 the above no steps have been taken to obtain a fresh grant of letters of administration, but in these cases the title has been carried on by a mere conveyance from all the beneficiaries in the estate. In such a case, of course, if all interested parties are joined in this conveyance there is no danger of any outstanding claims affecting the title; but still the technical point still remains that by such a conveyance the legal estate does not pass and still remains outstanding.