IN CHAMBERS

Dominion, Volume 1, Issue 265, 1 August 1908, Page 11

IN CHAMBERS

Mr. Justice. Cooper held a sitting in Chambers yesterday. Probate of the wills of the following deceased persons was granted:—H. J. Bailey, M. E. Davies, A. Thomson (all on application of Public Trustee); T. H. Dawbin (Mr. Fitzgibbon), W. Bealc (Mr. Campbell) ;H.'P. Pedorson (Mr. Buddie), and W. Bramley (Mr. Brandon).

Letters of administration were granted in respect of tho estates of the following deceased persons.:—J. Warnocks,, Charles Astley, Marianne Edmundson, R.. Roberts, 15. Harvey_(all on application of Public Trustee): E. S. Luke (Mr. Fitzgibbon); M. ]E. Haywood (Mr. Luckie); D. Wylie (Mr. Skerrett, K.C.); and W. B. Lawso'n (Mr. Peacock). ■ Mr. Myers, 011 behalf: of Mrs. Harriot Ada Smith (of London), one of tho debenture holders of the Midland Railway Company, applied that the receiver, appointed by .the Court (Mr. , James H. B. Coatcs) should bo dismissed and discharged from all liability in respect of his receivership, and that Mrs. Harriet Ada Smith should be allowed, to submit tho name of a new receiver. The motion, which was not opposed,. .'was granted in accordance with its terms. His Honour intimated his decision with regard to an application under the Law Practitioners Act of 1882, to refer to the Court of Appeal a motion for the removal of'the namo of Robert Moncrief Cuthbertson, formerly of Ashburton, from the roll of barristers and solicitors of New Zealand. .. It was alleged, that Mr. Cuthbertson was admitted to practico as a solicitor in. Orange River. Colony on his New Zealand qualification,, and while so practising was convicted of theft.and sentenced to a term of imprisonment. ' As a consequence, his name was struck off tho roll of solicitors i'n the Orange River Colony., On May 1 last year a rule nisi, was granted,,calling upon Mr. Cuthbertson to show cause why his name' should not bo struck off the roll in how Zealand. 'An order,was mado dispensing with personal service, and directing that notice of the rule should bo advertised in tho principal newspapers circulating in Capetown, Johannesburg, and Bloemfontein. The timo for him to show cause expired in August last, but ho had not appeared.- Mr. Blair, who represented the New Zealand. Law Society then moved that tho mlo nisi should bo reserved for tho consideration of tho Court of Appeal. His Honour made.au order in terms of tho application.

Mr. Myers moved, on behalf of the trustees of a trust established by the late Venerable Archdeacon Samuel Williams, for leave to grant a sum of money from the trust for the purpose of effecting certain necessary alterations and repairs to the Hukarero School for Native girls, and to To Aute College. Mr. D. M. Findlay, who appeared on behalf of the Attorney-General in the matter, did not oppose the application. His Honour said, ho thought he could make the order as prayed, but he would look into the. matter. A matter in regard to the bankruptcy of Ernest Braby (of Sydney) was mentioned by Mr. Myers. During examination in Sydney before Mr. A. Henry (the Registrar in Bankruptcy) a debtor had stated that lie had established a branch of his business in "Wellington. Counsel applied under Section 11S of the English Bankruptcy Act. for an order for the examiuatiou on. oath, of all persons who aro resident hero, and who wero connected in business matters with the bankrupt and for the production by them of all books, papers, documents, money, or other property of tho bankrupt's estate, which may be in their possession. His Honoui; mado the order as prayed, and directed that the examination should bo held at 10.30 on August 5 at the Supremo Court, It was stated that this was the first occasion on which the assistance of the English Bankruptcy Act has been invoked in New Zealand in this way. mAhupuku ESTATE. ■ • \ MOTIONS FOR, DIRECTIONS. Somo important matters respecting tho Mahupuku Estate were brought before Mr. Justice Cooper in Chambers yesterday. Mr. M. Myers (with him Mr. H. C. Robinson) appeared for tho Mahupukii Estate; Mr. B. Brown for Martha Mahupuku (now Martha M'Gregor); Mr. H. ! F. Von Haast for Mrs. Emily. Grace; Mr. E. j] Fitzgibbon for the Deputy. Official Assignee • Mr. W. L. Rothenberg for tho Wairarapa Farmers' Co-operative Association, Limited one. of . tho creditors in tho estate of Mahupuku. .

Mr. Myers said tho application was ail originating summons, which raised a number of questions for tho decision of tho Court. The proceedings had been found to bo neccs,sary because of Jlio defalcations and bankruptcy of Henry Stratton Izard, who was the trusteo of various funds of which-Mahupuku was tho cestui quo trust: There was one trust concerning a block of land- for £16,000 and another.for £12,000. • Before theso two sums oamo into Izard's hands at all, there was a sum of £2800, which represented tho accumulation of interest from tnese different —there wero several—trusts. Izard kept no separate account of these trusts and simply dealt with them as a whole,, and dealt with them in more ways than ; one, and tho result was that a very considerable amount of the money had disappeared... . With certain exceptions it was impossible to ascertain to which particular trust any-particular investment .belonged. One exception was a mort-gage-pi £7000 which could be traced as part;-.

of the £16,000. There-were also one-or twa other investments which were mado before either the £16,000 or the £12,000 camo into Izard's hands, and consequently ■ those sums must have formed part of the accumulations of income from the Native trust, but it was impossiblo to ascertain from which particular trust they came. > The Court was now asked: (1), To define the estate and interests of the defendants and of any other persons who' might be interested in the trust funds and estates now vested in the plaintiff. (2) For the determination of the Court as to the manner'in which the funds should be divided or, allocated. • (3) For directions as to whether the plaintiff should take, and if so, what, proceedings for tho purpose of; following the moneys wrongfully taken by Izard out of the trust funds and'paid, away to bookmakers,- or of further examining Henry. Stratton Izard in reference to those moneys. Mr. .Myers explained that -Izard attributed his bankruptcy to -various causes, and there : could bo 'no doubt that ono of them was gambling and that a very large portion of: theso trust funds found its way into.tho hands of bookmakers,, and that tho bankrupt Izard had not given tho Official Assignee and the trustees of tho Mahupuku Estate- the full information to which they were entitled with regard to _ theso bookmakers. . But there was "no evidence in their possession at present that any moneys paid to bookmakers were paid with notice that they were portions of the funds, and the question was whether it was worth whilo further examining Izard under aui order of tho Court. It would be littlo use following funds which had passed away in that fashion for ono could not traco specific coin. "What was asked in this regard was whether it was necessary to further examine Izard. • ,-A number of other applications were also made including tho following:—For authority to tho plaintiff to commence actions on behalf of the trust estates against the' following defendants: —The Bank of New South Wales; Messrs. Weston and Izard; W. O. Williams, Samuel Keedwell, and Olive Wordsworth Fowler and Constance Buchanan' Tully, . or, alternatively, . for directions, whether such actions should bo' commenced by plaintiff. It was explained that the suit was a' friendly one and other counsel : did not- address his Honour after Mr. Myers' had outlined tho position. : . His Honour reserved judgment.