MOTHER'S CLAIM.

Auckland Star, Volume LXV, Issue 56, 7 March 1934, Page 3

MOTHER'S CLAIM.

SON'S INSURANCE. ILL-FATED MIZPAH TRIP. SUPREME COUST ACTION. An echo of the ill-fatecl trip of the yacht Mizpah, which was wrecked at Porangahau, Hawkc's Bay, 011 April 25 last year with the loss of all of the crew save 011 c, was an action heard by Mr. Justice Ostler in the Supreme Court this morning, the action being brought by the mother of one of the crew. Olwen Anne Mildred Naylor (Mr. A. H. Johnstone and Mr. I. Macartliur, instructed by Mr. K. C. Ac kins) proceeded against the Public Trustee, who was the administrator in the estate of the late Thomas Neville Naylor, aged 22, ware-houseman. He was drowned when the yacht was wrecked, and died intestate." Mr. Cocker appeared for the Public Trustee. Plaintiff, in her statement of claim, said her son was insured under a life policy for £500. On or about April 15 last her son, being about to sail on the yacht Mizpah from Auckland to Wellington, handed the policy lo the plaintiff as a gift in the event of death. The Mizpah sailed from Auckland on April 19 and on April 25, at a point near Porangahau, on the East Coast, the vessel was wrecked and Nayloi was drowned. Plaintifl claimed a declaration that she was entitled to tiie insurance policy or the proceeds. "I understood from my sou that the life insurance policy was taken out for me," said Mrs. Naylor in evidence. _ It was for my bcnelit in ease anything should happen to him. He had contemplated making' a voyage to the South Sea Islands, but that project did not eventuate. The policy was issued after the Mizpah sailed, but before the wreck." The sole survivor of the crew or the Mizpah, Clifford Crago Harris, a boatbuilder, said the Mizpah was a 28ft E class yacht. Naylor, said witness, was an experienced yachtsman. Irom almost the outset of the trip to Wellington there had been heavy weather. One sail had broken and also'a boom. To Mr. Cocker, witness said he thought the crew was running a risk, but "he did not think the trip was actually dangerous. _ - "In my opinion, the plaintiff has proved her case," said his Honor after hearing leal argument by Mr. Cocker. "The three essentials of the case have been complied with. It clearly was u risky venture, as the result shows. It seems to me from the facts that the youn< T man made the gift of the insurance policy to his mother conditional on hi* losing his life. There will be a declaration that the proceeds of the policy belong to her." Judgment was entered for the plaintiff. A fee of £7 7/ is to be paid to the Public Trustee out of the fund, with disbursements.