OWNERSHIP OF HOUSE

Northern Advocate, 9 June 1933, Page 3

OWNERSHIP OF HOUSE

HUSBAND REVOKES GIFT. SEQUEL IN COURT.' DECISION RESERVED. (Special (a “Northern Advocate.—) A UCK[.AND, Thursday. George Wadsworth, launch proprietor, of Onchunga, who at one time wauled to make a gift of his house to his wife, but afterwards changed his mind, yesterday, in the Supreme Court, asked the Chief Justice, Sir Michael Myers, to decide who owns the house. The plaintiff was represented by Mr T. M. Holmden, and the defendant, Louisa Wadsworth, by Air J. L. -Con--lan and Air E. J. Wright. Plaintiff, in his statement of claim, asserted that he was, the registered owner of a house and property at G, Church Street, Onehuuga. In 192 Ghe wanted to make a gift of the house to his wife and a transfer was arranged, but it was undated, unstamped and unregistered. He alleged that in -September last year he gave notice of the revocation of the intended gift. In August last year he and his wife agreed to separate, and after that hb wife obtained possession of the memo of transfer and dated it February 21, 1923. In view of the circumstances, Wadsworth asked that the memorandum of transfer bo given up and cancelled, and that an order be made that the caveat lodged by the defendant against the title be removed. Alternatively, lie asked for a declaration that the intended gift had been elleetively revoked. Mrs Wadsworth admitted that plaintiff was owner of (he properly, but contended that he made a gilt of the house to her. Sin* said that a memorandum of transfer was executed in 1923, ami that, although the transfer was (expressed to be ‘‘without consideration other than natural love and affection,’’ the real difference between the parlies was the settlement of their matrimonial differences, whereby she agreed to return and continue to live with her husband. After evidence had been heard, the Chief .Justice reserved his decision ami indicated (hat it would probably not be delivered- before he returned to Wellington.