UNKNOWN.

New Zealand Herald, Volume LIII, Issue 16203, 13 April 1916, Page 7

UNKNOWN.

INTENTIONS OF THE DONbR

EARLY HISTORY RECALLED

Co\W!l,GAl!;.:\'\!. I CON'S cur'

Tub ir.j -n't . of ; > Gotijp66-iwfti<. : body in Auckian! wiu ivibi'.tt .>; minute examination in the Supreme Court yesteiday, in a caso which was brought by tho Congregational Union of' New Zealand against Samuel Walton Smeeton, of Mount Eden, grocer, ant! Secring Henry Matthews, of Auckland, accountant, who were appointed, in 1911, under the Settled Lands Act, as trustees for the sale of certain land in Auckland City. The purpose of the caso was to determine the disposition of a sum- of £5632, now held by tho trustees, as tho proceeds of tho sale of the former Congregational property in High Street. Part of the land had been by the State for the purposes of the present Magistrate's Courthouse.

Originally, the property belonged to the late Mr. John Rout, a well-known citizen of Auckland, who was chairman of a. body known, according to its minute-book, as the Auckland Congregational Home Missionary Society, formed in 1863 in connection with the Congregational churches of the Province of Auckland. In 1877 Mr. Rout conveyed tho High Street site to trustees for Congregational purposes. Tlio question now at issue was as to tho identity of tho body in whoso interests tho conveyance was made. Thoro was also in Auckland, in the early days of tho city, a body known as the Congregational Union. This body, in 1867, becamo amalgamated with tho other, under tho joint namo of tho Auckland Congregational Union and Home Mission. In 1384 this union was amalgamated with the Southern Congregationalists of New Zealand, under tho stylo of tho Congregational Union of New Zealand. Mr. Rout, who died in 1878, was the first chairman of tho Congregational Homo Missionary Society, and remained its chairman until 1874.

The Heed of conveyance was executed in favour of "The Homo Missionary Society of Auckland." At the tinio of its execution there was no institution in existence bearing such a title, but the Congregational Union and Home .Mission was commonly spoken of as "Tho Auckland Home Mission," "The Home Mission Society of Auckland," or "The Congregational Home Mission Society." As the trust been subject to certain life interests created by Mr. Rout on behalf of his family, the Court was asked to determine the legal position. The main question was whether the description in tho deed was sufficient to describe the body that was ultimately merged into the Congregational Union of New Zealand, the> alternative being that, in default of an effective conveyance, tho property would revert to the settlor's successors.

.Mr. J. Stanton appeared for the Congregational Union, }fr. C. F. Ruddle for the defendants, the Hon. J. A. To!e, K. 0., for the Public Trustee, representing certain grandchildren of the settlor, and Dr. Bamford for other grandchildren. Mr. Stanton submitted that the deed of trust, was intended to benefit the Auckland Congregational and Home Mission, from which his clients, the Congregational Union of New Zealand, were derived. It could never, ho maintained, have been | intended to leave the property to a nonexisting institution. Mr. Buddie intimated that the defendants merely submitted themselves to the | decision of the Court.

' Dr. Bamford made it clear that his clients, the settlor's grandchildren, had no desire to claim the money, and merely wished to sec their grandfather's intentions carried into effect. What tnose intentions wore, he left it to the Court to determine.

Various legal precedents as to similar cases having been cited, His Honor reserved his decision.