CLAIM BY ESTATE.

Auckland Star, Volume LXIV, Issue 147, 24 June 1933, Page 11

CLAIM BY ESTATE.

BOARD AND RESIDENCE

A claim was heard by Mr. Wyvern Wilson, S.M., in which the Public Trustee, executors of the estate of Annie Grav, deceased (Mr. J. J. Sullivan, instructed by the beneficiaries), proceeded against Rowland Robert Gray, of Auckland, salesman (Mr. I*. \\. Schramm), for £150, being three years board and residence. Rowland Robert Gray counter-claimed for £200 10/0 foi moneys due to him out of the estate of Robert Gray, deceased. . Mr. Sullivan, at the outset, raised a preliminary point that the counteiclaim in its present form was not maintainable —that the estate of Annie Grav had nothing to do with tho estate of Robert Gray, and if there was any claim, then it should be by independent action; that meritprious'y tlie position the executor took up in the matter was justified in law, and that the counterclaim must fail. Mr. Schramm submitted that tlie counter-claim was properly founded and was maintainable. The magistrate struck out the counter-claim. On the claim, evidence was called by both sides, and the magistrate gave judgment for £110 for board and residence in favour of Annio Gray's estate, and j£9 2/0 costs and witnesses' expenses.