BANKRUPTCY CASE

Evening Post, Volume CIII, Issue 82, 7 April 1922, Page 8

BANKRUPTCY CASE

PECULIAR CIRCUMSTANCES

MOTION FOR ANNULMENT.

Hearing was continued by Mr. Justice Chapman yesterday and to-day of a motion by Mr. Jellicoe on behalf of David Gibson Coulter, asking that the Court should annul tho bankruptcy of Mary j Ann Coulter, on the ground that such adjudication ought not to have been made. It was submitted that bankruptcy was made by arrangement or conspiracy between Mary Ann Coulter and William Charles Coulter for the purpose of invoking the jurisdiction of the Court to set aside a deed of gift between Mary Ann Coulter and David Coulter. Mr. E.G. Jellicoe, with Mr. C- A. L. Tread well, appeared in support of the motion, which was opposed by Mr. A. -. W. Blair on behalf of tho Official (Assignee and W. C. Coulter. In the afternoon Arthur D. Low, assignee, was examined further as to the statement he had prepared for W. Coulter. The items o£ indebtedness coveted a period of twelve years. He had taken Mr. Coulter's word for the items, and there were no vouchers. William Charles Coulter, farmer, Rongomai "Valley, also'examined by Mr. Jellicoe, stated that prior to the deed of gift he had never spoken to his mother about any claims be had against her for indebtedness to him. He had an arrangement with David that .the Solway property should be transferred by David to him after the deed of gift to David. He had no knowledge at this time of any specific sum due'to him. He had no evidence in the shape of documents showing any debt on the part of his mother to himself. He had no cheque butts covering the period from 1906 to 1918—he had his pass-books. Samuel Roy Ga-with, solicitor, of^Masterton, stated that William Coulter had asked him to see his mother to arrange her affairs, as she was ill. Before 9th February ho had had interviews with. William Coulter regarding Mtb. Coulter's affairs and intentions. Wilham Coulter did not give witness, before he went to see Mrs. Coulter, any evidence of a claim ho had against his mother. ■ Witness did not toll Mts. Coulter that William' Coulter :asserted large claims tigainst her, as he had no information, regarding the details of such claims. Mrs. Coulter told witness she wanted the Solway property to go to David Coulter and the Petone property to her son William. ; Mr. Jellicoe : "When did yon d«cid» to prepare deeds of gift, instead of a 5. will?" Witness : "Before I left Solway." > Answering further questions by Mr. ■ Jellicoe, witness said that the Solwav . property was to. be given to David Coulter, who was to convey it to Wil- ;! liam Coulter. ■: The last-named was to pay David ail his mother's equity in ; the property. TJp till that rimo, witness did not know that there was the slightest disagreement ' between Mrs. Coulter and any members of the family. After Mr. Gawith had concluded his evidence, further hearing of tho case was adjourned -until Tuesday, for the purpose of ascertaining whether Mrs. Maty Ann Coulter is in a fit condition to give evidence.