THE PUBLIC TRUSTEE AND ALLEN'S ESTATE.

Auckland Star, Volume LII, Issue 168, 16 July 1921, Page 5

THE PUBLIC TRUSTEE AND ALLEN'S ESTATE.

(To the Editor.! Sir. —In your issue of 14th insfant you report this matter under the beading of "The Public Trustee—Octo-pus-like Methods." from which yoxir readers would not unnaturally infer that in some way or other the Public Trustee had been forcing himself into the proceedings without any warrant or authority. This is not so, and in fairness to him I ask you to allow jne to state -the facts. The matter first came hefore the Court in December, 1920. by petition from the executors of the estate for leave to sell a larpe block of land. Several of the beneficiaries were out of New Zealand, and the executors applied for directions as to service on them. The Court directed service on the Public Trustee. The first the Public Trustee heard of the matter was when the papers (including order of the Court directing service I were served on him. In obedience to the order he made inquiries as to the propriety or otherwise of the gale, and instructed mc to appear for him. This I did. and stated that as the result of the Public Trustee's inquiries he had no objection to offer. Accordingly the Court granted j th.-> petition. I then wrote to Messrs. Bamford. Brown and Leary (solicitors for the executors) asking that the order be taken out. as the Public Trustee wished a sealed copy, so that his records mijrht show what had bpen done in the matter. They replied that they did not propose to do so, as the executors did not think it was then a favourable time to cell. To tlits I replied that the Court did not fix a time for the sale: it merelyauthorised the executors to sell. The time of sale was at the discretion of the executors. Several weeks passed, and I a<rain wrote them, pressing for the order. Theyj replied to the same effect us refore. I then wrote that, if they refused to take! it out my instructions were to <lo so myself. To this they replied that as they were not prepared t(i take it out, they proposed to move th« Court to discharge the Public Trustee all further duties in the matter. 1 agreed to this, and said it would be quite satisfactory to the Public Trustee. Accordingly thoy served mc with the motion on Thursday last. Tlie Court office rang up my firm that it would gome on at 2.15 p.m. on Thursday. I attended at the Court at the hmir named and to my astonishment wiis told by Mr. s Leary that the motion had been dealt with in the forenoon. From your report it would appear that counEel in support of the motion was not of much assistance to his Honor in stating and explaining the Public Trustee'a position in the matter. The only further comment 1 wish to make is that in justice to the Public Trustee it is to be regretted that the motion was disposed of in mv absence. I am, etc., FRED FITCHETT.