WIDOW'S GIFTS.

Auckland Star, Volume LXVIII, Issue 267, 10 November 1937, Page 10

WIDOW'S GIFTS.

VERDICT FOR DEFENDANT. TRUSTEES' CLAIM FAILS. • In the action brought by the executors of the will of tbe late Mrs. Mary Jane McLachlan, claiming £724 10/ from Hubert Dudley Carter, of Birkenhead, settler, the jury found a verdict for defendant. The executors of the estate, Alexander Stephen, of Waiotira, farmer, and Henry Theophilus Snell, of Whangarei, agent, were represented by, Mr. Goulding, and tbe defendant by Mr. North and Mr. Cleal. The plain tiff&' case was that in going through the affairs of the deceased they had discovered that various eums of money totalling £724 10/ had been received by Carter, and as there was no satisfactory explanation to their view they held that the moneys had been loans, and sought a decision of the Court.

The defendant denied that the money had been lent to him, and gave evidence that the sums were gifts from the deceased. He had voluntarily explained to the trustees the amounts he had received, and told them the money had been used in improving the property. 'At no time did Mrs. McLachlan suggest that there was* a trust between her and witness regarding the property. The jury found for defendant, and judgment was entered accordingly with costs.