AN ACTION SETTLED RE-TRANSFER OF PROPERTY AGREED TO.

Evening Post, Volume LXXXVII, Issue 74, 28 March 1914, Page 6

AN ACTION SETTLED RE-TRANSFER OF PROPERTY AGREED TO.

Hearing was resumed at the Supreme Court to-day before his Honour the Chief Justice (Sir Robert Stout) of the action concerning the ownership of a farm in the Upper Hutt Valley, in which William Charles Alfred Dimock was the plaintiff and Mary Ann Wilkins and the Public Trustee wero the defendants. Mr. A. A. S. Menteath appeared on behalf of the plaintiff and Mr. J. Macdonald and Mr. F. P. Kelly for the defendants. Mis. Wilkins was owner of a property of about 194 acres, on which there were three mortgages, the Public Trustee hay- ] ing one of £2900, Dimock one of £360, and Veitch and Allan a third one of £170. Mr. Wilkins became heavily in- i volved, and finally made arrangements I with the plaintiff, in June, 1910, whereby the property was transferred to him on payment of £4105. including all liabilities. Plaintiff leased the property to Mrs. Wilkins at a nominal rental, the lease to last during her lifetime. The second Government valuation of the property was £7899. The Public Trustee took over control of Mrs. Wilkins's affairs about a year ago, under the Aged amd Infirm Persons Act. The legal proceedings were instituted by plaintiff 'for cancellation of the lease on the ground that the conditions agreed on Had not been fulfilled.. The Public Trustee sought to show the agreement between the parties was invalid, as Mrs. Wilkins was not capable at the time of understanding its terms, and that really Dimock was mortgagee and Mrs. Wilkins mortgagor. On the other hand, it was counter-claimed that no undue influence was used by the plaintiff, and that Mrs. Wilkins was represented by a solicitor when the agreement was made. When proceedings commenced to-day, Mr. , Menteath. announced that Mr. Dimock was prepared to re-transfer the property to the Public Trustee, on payment of the mortgage of £4105, all rents under the lease, calculated on the interest and outgoings, rates and taxes, 'stamp duty, and the costs of the action. Bis Honour lemarked that he was very pleased Mr. Dimock had made the proposal, and %vas willing to do what was fair to Mrs. Wilkins instead of fighting the matter out to the bitter end. He then made an order in the terms offered by Mr. Dimock, fixing costs at £25 and stamp duty at £31 2s 6d. In doing so he said he was very pleased that Mr. Dimock had acted so handsomely. Mr. Macdonald also expressed his pleasure at the way in which the action had terminated.