HOUSE FOR £100.

Auckland Star, Volume LXVII, Issue 65, 17 March 1936, Page 13

HOUSE FOR £100.

ACTION TO NULLIFY.

UNDUE INFLUENCE ALLEGED. COURT RESERVES DECISION. An allegation that undue influence liad been brought to bear on an old lady of 84, Mrs. Winifred King, in the sale in July, 1935, of her cottage in Water Street, Wliangarei, was made in an action to set aside the transfer, which was brought in the Supreme Court yesterday, before Mr. Justice Fair. The plaintiff was Mrs. Jean Bunyan (Air Webb), of Whangarei, execute", and sole beneficiary of the will of Mrs. Kinowhose death occurred in September! lJ3p, about six weeks after the transaction, and. the defendant was Mrs fearah Ann Jackson fMr. Urquhart), wife of James Jackson, of Wliangarei.' Ine statement of claim set out that the cottage was sold by Mrs. Kin"- to the defendant in July; 1935 for £100 Of this sum £82 11/7 was' secured bv moitgage, £10 to be paid in three months, and the balance in July, 1938 interest being fixed at 4 per cent. The' statement contended that the transaction was fraudulent in that the purchase price was a gross under value and the purchase was unfair and unreasonable; that Mrs. King was in poor circumstances, ignorant of business transacti6ns and had no competent independent advice, and, finally, that Mrs. Kino- was unduly influenced by defendant's" husband, who, it was alleged, took unfair advantage of lier poverty and ignorance. Old Lady's Obsession. ■ Mr. Webb said that the late Mrs. Kinowas popularly known in Whangarei as "Granny King." She purchased the property many years ago from Jackson. The latter owned a number of houses in the block about it. The plaintiff six years ago went to live with Mrs. King. After a period in hospital Mrs. King lived with another family, but eventually went back to live with plaintiff. Mrs. King had an obsession that someone else was trying to get her home and she sent for Jackson and asked him to buy it. Jackson offered her £100. The valuation of the house to-dav was £220.

"The we set up is that Jackson, a man of business, took advantage of the circumstances in which the old lady was placed and'her obsession, and got the property from her," added Mr. Webb.

The plaintiff in evidence described an interview with Mrs. King and Jackson concerning the sale of the property. Mrs. King told Jackson she wanted.to sell it as she was afraid some other people would get it, and she wanted Jackson to buy itv. Mrs. King asked £250, and Jackson said lie could give only £I'oo. Later witness accompanied Mrs.' King to Jackson's solicitors, where the old lady signed a paper. At the same time Mrs. King made a will in favour of the plaintiff. At a later date certain papers were brought to Mrs. King to sign by Jackson's s: iicitor. Jackson, continued the witness, stated, "Well, grandma, I've got something to tell you now I had to get a £100 mortgage in my wife's name. I have not got any money to give yoU £100 cash. Mrs. King was, not pleased with the mortgage arrangement, that exp§useS~ had been_-de-ducted from the £17 deposit,-tMrs. Knig received £0 12/6. After the death of jilrs. King plaintiff said Jackson came to fier and asked for £40 rent which she •owed him. He said Mrs. King had made ■her will in favour of plaintiff, and she 'could stay in the house and "eat up" the balance from the bequest. _ Cross-examined witness denied, that she had urged Mrs. King to make a will. ;She knew that Jackson sold the property to Mrs. King years ago for £178. In opening the case for the defence, Mr. Urquhart contended that no undue influence had been shown. The transaction fulfilled an old promise that Mrs. King would sell the property back to Jackson. Evidence was given by Mr. J. *. Briggs, solicitor, of Wliangarei, and by James Jackson in support of the contention that the sale had been effected at the express wish of the late Mi s. King. His Honor reserved his decision.