GIFTS TO A LADY.

New Zealand Herald, Volume XXXVI, Issue 11056, 6 May 1899, Page 2 (Supplement)

GIFTS TO A LADY.

AN IMPORTANT POINT IN A BANKRUPTCY CASE. Before Mr. Justice Wright, sitting in Bankruptcy, a few days ago, the case of H. H. Tankard came on for hearing, upon a motion of the trustee of the estate to sot aside a settlement of certain furniture, plate, pictures, and effects, executed by the bankrupt in June, 1897, in favour of Mrs. A. Hart, of Curzon-street, Mayfair. The receiving order was made a few weeks since, bankrupt being described as of Stour Lodge, Watford, and of Neasden. Mr. H. Reed appeared in support of the motion, and said that respondent claimed certain of the furniture and effects comprised in the settlement, and upon the ground that the articles were given to her by the bankrupt at a period outside a limit of two years preceding the failure; also, as to certain other articles, that they belonged to her absolutely. The Judge: What is the legal relationship of the parties? , Mr. Reed said that the parties had been living together. Mrs. Hart was a lady who was divorced from Mr husband. The liabilities of the bankrupt were about £1000 or £5000, and the furniture was valued at about £2000, and pictures and other effects at another £2000. It was agreed that there should be a declaration of title in favour of the trustee with regard to the property claimed, subject to an inquiry with reference to articles claimed by Mrs. Hart. The trustee alsc claimed a quantity of jewellery upon the ground that- the same had been voluntarily transferred by bankrupt to Mrs. Hart. The articles included a pearl necklace purchased by him in October, 1897, for £2350, and other jewellery, to the value of £1060. As to the necklace, it was stated that Mrs. Hart had disposed of it since the bankruptcy proceedings for £700. On examination bankrupt said that he gave the jewellery to respondent for her personal adornment. She might have sold it if she had thought fit. Mr. Reed submitted that there was a vol l untary transfer of the jewellery, and that as respondent had not disposed of it before tile commission by the donor of an act of bankruptcy, the title ot the trustee accrued. It only came to this: that a-person ought to be just before he is genorous. The Judge said that the question respecting the title to the jewellery was of some difficulty and importance, and he must take time to consider his decision.