ACTION BY TRUSTEES.

Manawatu Standard, Volume LIV, Issue 287, 1 November 1934, Page 12

ACTION BY TRUSTEES.

CLAIM FOR £I2OO. SUPREME COURT HEARING. The hearing was continued in the Supreme Court at Palmerston North, yesterday afternoon; before His Honour Mr Justice Blair, of the case in which Charles Joseph Bennett, of Otahuao, Masterton, John Paratene McMaster, of Martinborough, and Frederick Burne Vallance, of Kahumingi, executors of the will of the late Charles Frederick Vallance, sheepfarmer, of Masterton, took action against Hedgwick Vilhelm in a McDonald, wife of Allan McDonald, of Awapuni, a jockey, claiming £I2OO. Mr S. A. Viren (■Wellington) appeared for plaintiffs, and Mr A. M. Ongley for defendant. It was alleged that deceased had advanced on loan to defendant, repayable on demand, the amount claimed, which it was contended had been used to make additions to racing stables at Awapuni. Cross-examined by Mr Viren, defendant stated that when she spoke to Mrs Elkington about being worried concerning the money owed to deceased, she was referring to the guaranteed overdraft at the bank. She did not owe Air Vallance £IOOO. Defendant stated that in kier application for a trainer’s license she showed that Mr Vallance owned the horses Sturdee, Hilation, Butterscotch, and Merry Singer. She assured the Court that he did not own all of them. They were raced in his name, but she could not explain why her interest was not registered. It was true that if Mr Vallance had raced in his own name horses which he did not own he had transgressed the racing rules. Stakes won by her horses were received by deceased and held by him till she wanted the money, which was not till 1928, when the stables were built at Awapuni. Mr Vallance was a very honourable man. She did not think he would enter up amounts of £3OO, £450, and £SOO against her if she had not had the money. She had transferred her stables to Palmerston North because it suited Mr Vallance’s travelling arrangements. He had his own racing stables at Masterton. She had refused to meet the trustees in the estate because they went to her husband first, and ignored her. His Honour asked defendant if £ISOO advanced to her was a loan without interest or a straight-out gift. Defendant replied that the money came out of the horse Sturdee’s winnings at the previous Grand National meeting. His Honour: But were you ultimately to pay for it? Defendant said she understood the money was to be paid out of profits in racing transactions. She had received a gift of £IOOO under the will. Apart from her successful training of horses for Mr Vallance, there was no reason why he should make her substantial gifts. George Edgar Trevor, a builder, stated that in 1928 ho received instructions from Mr Vallance to erect the stables .at Awapuni. Mrs McDonald had nothing to do with settling the terms or price. Vitness understood Mr Vallance was paying for the place and making a present of it to Miss Maher (now Mrs McDonald).

Proceedings were then adjourned until 10 a.m. to-day.