COURT OF APPEAL

Nelson Evening Mail, Volume 76, 10 September 1941, Page 6

COURT OF APPEAL

A NELSON CASE ESTATE OF LATE HEMI MATENGA Wellington, Sept., 9. The Court of Appeal to-day is hearI ing an appeal arising out of the estate |of Hemi Matenga, late of Wakapuaka, near Nelson, deceased. Appellants are Reuben Stephens of Wakapuaka, and Konehu Bailey, of Motueka. Respon- | dents are Thomas Neale of Nelson and ; E. M. Ryder, of Levin, trustees of the ! estate, and also members of the Parata i and Webber families of Waikanae and other native families interested in the j j capital or income of estate, j Three questions are involved in appeal. The first concerns the payment of £3238, being a proportion of the income between the years 1934 to 1938 on a quarter share of a 11,381 acre block of land at Wakapuaka. The Supreme Court held that this sum was to be paid out as a proportion of the income and appellants’ case is that it should be paid out of capital and not out of income, to which they are entitled. The second question concerns the ownership of four years’ wool held by the trustees at 26th April, 1933, the date on which appellants became entitled to the surplus income, following the expiry of the legal period permitted for accumulations, namely 21 years from ! the death of the testator. The third question is whether the sum of £2934 ! shown as profit in the accounts of the estate for the year ending 26th April, 1937, and arrived at owing to writing up for tax purposes of standard values of stock, should remain credited to income for that year and pass to appellants, or be deleted as book entry only. On all these three the : Supreme Court held against appellants. Mr F. C. Spratt is appearing for appellants, Mr W. R. V. Fletcher, Nelson, for the trustees, and Ml J. Yaldwyn and Mr B. Cahill for other respondents. —P.A.