T. G. MACARTHY ESTATE

Evening Post, Volume XC, Issue 76, 28 September 1915, Page 8

T. G. MACARTHY ESTATE

A QUESTION OF ADMINISTRATION. The judgment of Mr. Justice Hosking in the case of the Public Trustee v. the Attorney-General, concerning the administration of the estate of the late T. G. Macarthy, was delivered this morning by the Registrar (Mr. W. A. Hawkins). The questions asked were : Had the 1 Public Trustee, as executor of the will of the deceased, power under the Public Trust Office Act, or 'any other power or authority, to pay out of the Public Trustees Account certain sums without obtaining an authorising order of a Judge of the Supreme Court? 'Had the Public Trustee power as executor to borrow money on the security of th* deceased's property without ' such an order? Did the Public Trust Office Act Amendment Act, 1913, limit the general powers of the Public' Trustee under certain sections? In the course of hi* judgment, his Honour said there -was no trust for conversion contained in the will, but very full powers of dealing with the estate were conferred on the trustees. The liability to pay death duties was necessarily incurred by any executor or administrator, and the expenditure might, therefore, be i well described as an .expense necessarily incurred by him in the administration of the estate. His Honour, therefore, thought that the advances made by the Public Trustee for that purpose were within the terms of the Act. He also thought thai the advances made for the erection of buildings in connection with the brewery was authorised under the terms of the Act.