PECULIAR WILL CASE.

Evening Post, Volume LXX, Issue 83, 5 October 1905, Page 6

PECULIAR WILL CASE.

m SUPREME COURT PROCEEDINGS. Argument was heard by Mr. Justice Cooper to-day in a case relating to the administration of the estate of Mrs. Honoria Carr, Te Ore Ore, Wairarapa. The suit was on© instituted, by Patrick Carr, junr. and Thomas Carr, labourers, eons of the deceased, against Dean M'fcenna, of Masterton, and Patrick Carr, senr., farmer, of Te Ore Ore. The plaintiffs, who are beneficiaries under their mother's will, prayed for an order direct'icg Dean M'Kcnna to take possession, from the defendant Carr, senr., of the leasehold " and other property left' by■Honoria. Carr, and directing him to realise and administer it in accordance with the provisions of the will ; or, in the alternative, directing that the estate be handed over to the Public Trustee to administer in the manner set out in the will, upon tho following grounds : (I) 1 That Patrick Carr, senr., is wasting, neglecting, and mismanaging the estate, and has been <lo- • ing so since October, 1900, i^hen the de,'ceased died. (2) That tho said. Patrick Carr is now and has for some time past been drinking heavily, and is a. bankrupt, and is unfit to have the'possession and management thereof. (3) That Dean "M'Kenna has allowed an unreasonable delay to take place in administering the estate, the deceased having died nearly five years ago, and probate was not obtained by him until 31st October, 1904, and aidce that date has allowed a further unreasonable delay, he having done nothing further in the matter since then, and has allowed and still allows the defendant"Patrick Carr to retairj possession of the- pro-; perty, the said defendant Carr rendering "no account of his dealings therewSfi^uid Dean M'Kcnna is aware of the unfitness and misconduct of Carr, but is taking no steps to obtain the property from him or to protect the interests of tho other beneficiaries. (4) That in consecfuehce ■' of such delay, and in consequence of the un- ' fitness and mismanagement of Patrick Carr, the intorests of the children'o'f de-> ceased are being sacrificed. .. , . Mr. Atkinson was for plaintiffs, Mr. Bunny for Dean M'Kcnna, and Dr. Knight for defendant Carr. - < In an affidavit Dean M'Kenna stated that he and his co-executor, Charles M'KiUop, after the death of Mrs. Carr renounced administration, because the"ad : ministration of the estate, 'if any estate ' in fact existed presented several complications. Defendant Carr, hu&band of ihe testatrix, settled with his ,qre,dit:or3 in 1904, and he (Dean M'Keisna) then, on getting an indemnity from Partick Carr, junr., took out probate. Dean M'Kenna farther days that he' instructed Bunny and Dolan, solicitors, lo take any step* towards the administration ■which they deemed advisable, bufc he was advised by them, that their •investigations did not disclose any estate, arid they could not advise any further steps being taken. He expresses himself favourable to the appointment of the Public Trustee to administer the estate, if there is any. His Honour suggested that Dean Jl'Kenna should apply for leave to appoint the plaintiffs an trustees in his place, o* that the plaintiffs ahouia supply JJean M'Kenna with a reasonable amount, • or an indemnity, so that he might bring an action against defendant Carr to determine the title to the property. \ Counsel in the case agreed ■to • the> Judge's suggestion, and the case was adjourned to allow them to communicate with their clients. on .the .aubiect.* ;