REGARDED AS FRAUDULENT

Manawatu Standard, Volume LVI, Issue 200, 24 July 1936, Page 2

REGARDED AS FRAUDULENT

DEED OE ASSIGNMENT. Per Press Association. AUCKLAND, July 23. The deed of assignment between two brothers, Alfred William Maxwell and lloy Maxwell, was set aside as fraudulent and void under a. Statute of Queen Elizabeth in the Supreme Court to-day by Mr Justice Callan in a reserved judgment in the action brought by Alice Maxwell, the wife of Roy Maxwell, to set aside the deed as fraudulent. Roy Maxwell purported to assign to his brother his one-third share, amounting to £6OO, in the estates of his lather and mother, his father having died in 1925. His wife alleged that the purpose of the assignment was to avoid the payment to her of maintenance under an order of the Court. “My impression, after watching and listening to them ' (the two brothers) is that each of them possesses a considerable amount of cunning,” said His Honour. “Leisurely consideration has satisfied me that the deed was not bona fide, but an arrangement between the brothers as a mere cloak for retaining the benefit to Roy of his share in the estate, freed from the liability of his wife’s payments. I am satisfied that the deed was an attempt to conceal fraud.”

The Judge added that he did not believe anyone else was a party to the fraud.