SECTIONS OWNERSHIP

Greymouth Evening Star, 8 August 1936, Page 11

SECTIONS OWNERSHIP

PUBLIC TRUSTEE SUED. [per press association.] WELLINGTON, August 7. The ownership of two sections of land at Island Bay, which have now been subdivided, was in dispute in the Supreme Court, to-day, separate actions being taken by two sisters against the Public Trustee, as administrator of the estate of their mother, Lady Edwards, widow of Sir Worley Bassett Edwards, a former judge of the Supreme Court. The plaintiffs alleged that the sections were held in trust for them, and although the cases are separate, they are being heard jointly as the facts are corroborative.

The plaintiffs were Elsie Muriel Cutten, also known as Edwards, a spinster, now resident at Sydney, and Aethelberta Mary Loney, married, also of Sydney. To-day the evidence of Miss Cutten was taken, and the case was adjourned till August 25, so that Miss Cutten may return to Sydney and enable Mrs Loney to visit New Zealand.

Miss Cutten claimed £IS6O/13/5, e] ; g the sale prices of lots of land which, she contended, were held in trust for her. together with interest. from the date of sale in respect of each lot. In the event of judgment not being granted, the plaintiff asked for an broer lor the taking of accounts upon the tooting of wilful dciault and breach of trust, allowing compound or simple interest at such rate as the Court thought just. The action of Mrs Loney was in respect of a separate section, but was similar in chaiacter. The sum she claimed was £lBl2/11/1. Mr C. A. L. Treadwell, for the plaintiff, said that the two plaintiffs were daughters of Lady Edwards, who was formerly Mrs Cutten. In the ’eighties, Sir Worley Bassett Edwards, who was godfather to both •plaintiffs, agreed to buy a section of land lor each of them. On May 8, 1885, Cutten died, and on June 2,1886, Sir Bassett Edwards married Mrs Cutten. Invariably she handled all Lady Edwards’s (as she then was) transactions, among other things filling in valuation forms, land and income tax returns, and carrying on correspondence in respect of the two sections. On February 4, 1895, Lady Edwards appointed her husband as her attorney, as she was about to leave New Zealand on one of her frequent trips to England. That remained in force, and was actually renewed; and the evidence would show that it was alive in 1901. Lady Edwards had never denied that the two sections were held by her other than in trust. Seach of the records showed that the sections were broken up and sold in 1927. The Public Trust Office had handled the estate; but it was perfectly clear that the Public Trustee knew nothing about the trust. There was, however, an abundance of evidence to prove the trust.