WIDOWS ESTATE.

Auckland Star, Volume LXVIII, Issue 266, 9 November 1937, Page 8

WIDOWS ESTATE.

GIFTS OR LOANS? TRUSTEES MAKE CLAIM. An action claiming various sums of money, totalling £724 10/, was begun in the Supreme Court this morning before Mr. Justice Callan and a jury of twelve. The plaintiffs are Alexander Stephen, r>f Waiotira, farmer, and Henry Theopliiltis Snell, of Whanparei, agent, a* executors of the will of Mary Jane MeLachlan, of Auckland, widow. The defendant is Hubert Dudley Carter, of Birkenhead, settler. Mr. A. M. Goulding is appearing for plaintiffs, and Mr. North and Mr. S. Clenl for the defendant. "Mrs. McLachlan died on May 20, 1030, leaving an estate valued at between £7000 and £8000," said Mr. Goulding. At the time of her death she was 71 years of age, and nhe left the whole of her estate to the board of the Whonjmrei High School to provide certain scholarships. The plaintiff*, who were appointed trustees under the will of the deceased, discovered, when investigating the affairs of the estate, that several cheque* had gone through her account for which there appeared to be no satisfactory explanation. The cheques had been paid to H. D. Carter, the defendant, and the solicitor of the trustees wrote to Carter. The latter replied that he knew nothing about the debts, and; stated that the sums mentioned were gifts to him by Mrs. McLachlan. Subsequently, sa-id Mr. Goulding, at an interview between the trusted!, their solicitor and the defendant, Carter admitted receiving certain sums from Mrs. McLnehlan, but said the moneys were <rifts, because of the assistance he had rendered to a man named Edwards, a cripple, who had also been befriended by Mrs. McLachlan.

Carter, at that interview, said he had spent the money in improving his property, but had no money himself. When he was told that it was hard to believe Mrs. McLachlan would make gifts of the money to him, Carter offered to make a will leaving the property to the trustees of the estate, but this was not acceptable, as the will could be revoked at any time. Carter maintained the amounts received were gifts to him. The amount** set out in the claim cover a period from April 28, 1933. to Mwrch 31, 1936, and the total of £724 10/ is made up of one amount of £140 one of £120, three of £100, three of £~>o, one of £10, and one of .€4 10/. In his statement of defence, the defondant denies that the deceased lent him any money at all. Hβ admit* receiving all the sums except those for £10 nnd £4 10/, and claims they were absolute gifts to him.

Evidence is being called