WAIRARAPA DISPUTE

Evening Post, Volume CXXII, Issue 56, 3 September 1936, Page 4

WAIRARAPA DISPUTE

FIFTH DAY OF HEARING

The strained relations between Jane Aitken, wife of Robert Hope MoncriefE Aitken, sheep farmer, of "Whenuahou," Waipawa, and her brothers, George Moore and John Moore, sheep farmers, of "Eparaima," Masterton, were described in the Supreme Court yesterday, the fourth day of the proceedings brought by Mrs. Aitken against her brothers, seeking their removal as trustees of "Whenuahou." ■•

Alternatively to the removal of her brothers, Mrs. Aitken sought an order for accounts to be taken and an order directing the trustees to.'pay her' the annual net income in accordance with the terms of the deed of'trust, an injunction restraining . the defendants from exercising improperly or unreasonablyl the discretionary ; powers vested in them, arid a further injunction restraining them from retaining large portions of the annual profits for meeting mortgage indebtedness.

'The Acting Chief Justice (Sir John Reed) was on the- Bench. Mr. .J. Mason, of Napier, appeared for the plaintiff; Mr. A. K. North, of Auckland, with him Mr. T. A. Cunningham, of Masterton, for the defendants; and Mr. H. B. Lusk, x of Napier, for the plaintiff's children, cited as added defendants.

Mr. North dealt at length with family correspondence and relationships, and submitted that there was nothing to support the allegations made by the planiiiff. ."' : ....'.-'..rv^' -■ -■ •■-.- ---,-EyiSence was itheiti'icalled lor the defence. \; -■■'"■■> ■■■:''-: '■ ■ "■'. . ■"■ ' ■■'

'In'the course of his evidence yesterday* afternoon George Moore said he was sure Mrs; Aitken could not carry on without him: and his. brother as trustees—the school expenses of her children alone amounted to more than £300 a year.

Mr. Mason: I am perfectly sure she would be able to carry on without the present trustees.

. His Honour: Look here, Mr. Mason, that is the most foolish thing I have ever heard of. This woman has been most stupid in taking this action.' The more I hear of it the more extraordinary it is .that common sense could not have ruled in a case of this sort.

When the hearing was resumed today, with the witness under, crossexamination, the evidence dealt with family correspondence and financial dealings. , '..; (Proceeding.)