CLAIM AGAINST FATHER’S ESTATE

Dominion, Volume 22, Issue 54, 27 November 1928, Page 10

CLAIM AGAINST FATHER’S ESTATE

♦ - ACTION DISMISSED Dominion Special Service. Christchurch, November 26. An action brought by Herbert William Acton-Adams, of Tipapa, North Canterbury, sheepfarmer, against the estate of his father, William ActonAdams, who died in England leaving an estate valued at £400,000, was dismissed to-day by Mr. Justice Adams. Herbert W. Acton-Adams, who is the eldest son of the late William ActonAdams, went to England some time ago to see his father. Mr. C. C. M. Ollivier, attorney for William Acton-Adams in Christchurch, advanced Herbert W. Acton-Adams £2500 out of William Acton-Adams’s moneys to meet the expenses of the trip. William ActonAdams agreed to pay £lOOO, and the executors credited Herbert W. ActonAdams with £lOOO, but debited him with the balance, £l5OO. In the action he asked for a declaration that he was entitled to a division of his father’s residuary estate without the executors deducting the £l5OO and for a declaration that no debt was owing by him to them.

His Honour said it was hopeless to argue that there was any understanding between plaintiff and Mr. Ollivier that William Acton-Adams should pay the expenses of plaintiff’s visit to England, as such a contract would be outside the scope of Mr. OUivier's power of attorney. The advances made by Mr. Ollivier to plaintiff constituted a debt due by plaintiff to William Acton-Adams, and the executors of his will were entitled to retain the sum of £l5OO out of any moneys payable to plaintiff by them under the will. The action was dismissed with costs according to the scale; £lO 10s. was allowed for second counsel, disbursements and witnesses’ expenses to be fixed by the Registrar.