CLAIM FOR £l500

Hawke's Bay Tribune, Volume XVIII, Issue 288, 21 November 1928, Page 7

CLAIM FOR £l500

AGAINST ESTATE EXECUTORS.

Christchurch, Nov. 20.

Herbert William Acton Adams, of Tipapa. North Canterbury, who inherited' £150,000 cash under the will of his late father, sued tho executors of the estate in tho Supreme Court to-day for £l5OO. In 1921 plaintiff’s father, William Acton Adams, who resided in England, sent instructions for plaintiff, his wife daughter and son to visit him. C. C. M. Ollivier, attorney in New Zealand for William Acton Adams provided for plaintiff the sum of £2500 out of moneys belonging to William Acton Adams, as a reasonable sum to defray expenses of tho voyage. Plaintiff and his family w’ero affectionately received by William Acton Adams, who instructed his accountants in New Zealand to allow plaintiff only £lOOO on account of expenses. The trustees debited plaintiff with the sum of £2500, but credited him with £lOOO. The expenses exceeded £2500, and plaintiff had to appoint a manager on the Tipapa property, owned by William Acton Adams. Tho sum of £l5OO therefore was claimed. Tho defence was that the sum of £2500 was loaned or provided by Ollivier who had no authority to make the gift to plaintiff at the time. Plaintiff knew that the sura was not a gift by Ollivier on behalf of William Acton Adams and that he was livable to repay the sum to 'William Acton Adams. As William Acton Adams had instructed his accountants to credit plaintiff with tho sum of £lOOO. plaintiff was discharged of his liability to repay that sum, hut his liability to repay the sum of £l5OO remained. Judgment w-as reserved.