APPEAL TO PRIVY COUNCIL

Northern Advocate, 18 July 1933, Page 5

APPEAL TO PRIVY COUNCIL

N.Z. DEATH DUTIES CASE. JUDGMENT RESERVED. (Received 9 a .in. ) LONDON, July. 16. _ The Privy Council ' has’ judgment in the case Gould a* l 6 others' i,, versus the Commissioner of. Stamp* Duties, New Zealand. The ease engaged the attention of the Full Court in March. l932;?be£ore: t the Chief Justice, Sir Michael Myers. - Mr Justice Herdman, Mr Justice Adams, Mr Justice "McGregor and My Justice Blair. The-question -before the court was whether two sums of £44.30 and £21,600 respectively, were, to bo excluded from the final balance of the testator’s dutiable estate as assessed by the Commissioner. 'The first-men-tioned sum represented certain payment : made by the testator within three . davs of his death to one of his'sons," Tan. The respondent' claimed that both sums in question were gift-3; and were as such properly, included, in computing the final balance of the csr tatb by means of certain provisions- of the Death Duties Act. " The appellant/however, claimed’that; the sum pf,c £4450 was property held by deceased,, • in. trust for the son, lan, and similarly they contended • that.’ A the. - £21,660 was also, held by the- -deceased as trustee for some of his children. _ .