Hunter Appeal Case
CAUSE OF FIDUCIARY POSITION Per Press Association. WELLINGTON, April 13. In the Hunter appeal case it was submitted by Mr. Weston, in dealing with the claim made by the respondent (Lady Hunter) for the refund of £ 11S6 13/4 against the appellants, that the fiduciary position between the trustees and Lady Hunter in respect of this amount had arisen by reason of Sir George Hunter’s own acts. Because a trustee found himself in a position which conflicted with the interests of a beneficiary it was not necessary to remove the trustee, as the law provided the necessary procedure for bringing other parties into the matter for the settling of the dispute. In the present case it had been in effect decided by the executor (Cyril Paul Hunter) tnat it was not unfair that the above sum should be retained by the legatees of his father’s estate rather than that it should be recovered from them. This decision had been made honestly and had been communicated to the respondent and her legal adviser, so that if she wished to take further action she would be in p position to do so. The Court adjourned.
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https://paperspast.natlib.govt.nz/newspapers/MT19380414.2.61
Bibliographic details
Manawatu Times, Volume 63, Issue 88, 14 April 1938, Page 7
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195Hunter Appeal Case Manawatu Times, Volume 63, Issue 88, 14 April 1938, Page 7
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