A. WIDOW'S CLAIM

Evening Post, Volume CXVIII, Issue 8, 10 July 1934, Page 9

A. WIDOW'S CLAIM

APPEAL HEARING CONTINUED

The Court of Appeal was engaged today in the hearing of an appeal by the Public Trustee against"a^judgment of Mr. Justice MaeGregor'in an action brought in the Supreme Court by Alice Merry, widow of John. Merry, a bootmaker, of Wellington, against the Public Trustee for allbged ■ nogligeuce. Mrs. Merry claimed that .while administering the estate of her husband the Public Trustee had obtained insufficient rentals, spread over a period of 12 to 13 years, in respect of three out of the 19 properties in the estate. The three properties are in Brooklyn, ' Kilbirnie, and Houghton Bay. Mr. Justice MacGregor found in favour of Mrs. Merry for £.711 8s Id, with interest thereon, representing the difference, less certain deductions, between the rentals obtained by the Public Trustee and the larger of the two. sums based on the referee's report. The history of the long-continued, litigation has been "published in "The Post." The Judges comprising the Court were Mr. Justice Beed, . Mr. Justice Ostler, and Mr. Justice Blair. Mr. J. B. Callan, K.C., with him Mr. H. E. Evans, appeared for the Public Trustee, and Mr. W. 11. Heine, with him Mr. T. P. Cloary, for Mrs. Merry. Mr. Callan continued his argument in support of his submissions that neither the special referee's report nor the evidence- given before him justified a finding that in respect of the- three properties mentioned there had been negligence on the part of the Public Trustee. He dealt at length with the evidence as to the valuations and rents of the properties. I . TV hearing Is proceedings