CLEAVE ESTATE.

Auckland Star, Volume LXV, Issue 46, 23 February 1934, Page 8

CLEAVE ESTATE.

APPLICATION TO COURT. ASSIGNEE TO ADMINISTER, An application to have the Official Assignee in bankruptcy appointed as the administrator of the estate of the late Mr. Arthur Cleave, journalist, of Auckland, was heard by Mr. Justice Herdman in the Supreme Court tss morning. The petitioner was J. G. Restell, public accountant, of Auckland, who was represented by Mr. D. C. Purdie. The present- administrator of .the estate, Philip Arthur Cleave, was represented by Mr. W. C. S. Bairibridge. . • The petitioner asked that an order be made for the administration of the estate under the Administration Act, 1908. Mr. Cleave died on August 3 last, and by his will Philip Arthur Cleave was appointed administrator. The estate was indebted to the petitioner for £94 13/, and the debt was still unpaid by the administrator. Petitioner did not, nor did any person on his behalf, hold any security on the deceased's estate for payment of the sum, except that Annie J. Restell held 300 shares in Wair&kei, Ltd. . ; !*■.'»' Petitioner said that application had been made to the administrator for payment of the amount, but it, had not been paid- To the best of his knowledge, the assets of the deceased reasonably available for payment of the debts were not sufficient and could not be conveniently converted into money for the purpose of meeting the claims. Petitioner therefore asked that_ the estate be administered by the Official Assignee and that the costs of the petition be paid out of the assets of the deceased. His Honor: Do you make any application for costs in the petition, Mr. Purdie ? Mr. Purdie: No, sir. But under part 4 of the Act it ift possible for your Honor to make an order for costs as requested. ' ~ Mr. Bainbridge consented to the petition, whicli was granted with an order for costs as requested.