HUNTER ESTATE CASE

Press, Volume LXXIV, Issue 22388, 29 April 1938, Page 16

HUNTER ESTATE CASE

HEARING CONTINUED IN COURT OF APPEAL

(*BSM ASSOCIATION TELECBAM.) . WELLINGTON. April 28. When the hearing of the Hunter case was resumed in the Court of Appeal to-day, the evidence relating to the management of the estate's sheep station was reviewed by Mr J. D. Willis, when he submitted that there was evidence on which the Judge in the Supreme Court could find that there had been mismanagement. The second cause of action, relating to a sum of £1166 13s 4d. was considered before the Court this afternoon. Assuming that authority had been given by Sir George Hunter, before his death, for the payment of this amount, which was in the nature of a gift the question arose whether he had the necessary capacity to make this gift The contention was made that it was not necesary for the Court to determine this question: but it was sufficient, so far as the respondent was concerned, to say that the circumstances created a position in which it was the duty of the trustees to obtain directions from the Court before making the payment, and this they had failed to do.

In the evening Mr Willis, resuming his argument, urged that whatever the result of the appeal might he. Lady Hunter should be allowed her solicitor and client costs out of the estate. She had been forced to resist the appeal. Consequently it would be unfair if any of her:costs fell on her personally; Mr Willis was followed by‘Mr Cresswell, who submitted that considerable loss had been occasioned to the estate by the failure of the trustees to secure adequate rentals for the Dixon street property. When the Court adjourned till tomorrow, Mr C. H. Weston, K.C., had just commenced his reply for the trustees.