A BANKRUPT'S FURNITURE

New Zealand Herald, Volume LXI, Issue 13747, 28 June 1924, Page 13

A BANKRUPT'S FURNITURE

QUESTION OF OWNERSHIP.

CLAIM BY WIFE FAILS.

A motion for the delivery of chattels was, heard by Mr. Justice Stringer, sitting in bankruptcy, at the' Supreme Court yesterday. The official assignee (Mr. Paterson) sought an order in respect of the bankrupt estate of J. . C Kersey. The point at issue was whether certain furniture had been donated by bankrupt to • his wife, Ada Kersey (Mr. Osburne-Lilly).

Mr. Paterson said that the official as signee claimed the furniture as being the property of the husband, hut ' the wife asserted that it ' was gi-. 7 E.i to her at or before her marriage. Mr. Osburne-Lilly, contended that the furniture was the wife's property. Until i Mr. Paterson could show . that Mrs. Kersey had acted ,in such a way as to confirm, that the property belonged to the husband, it must be taken as being a present, to her. His Honor sa.id alleged gifts between husband and wife had to be regarded with the closest scrutiny, otherwise fraud might very easily be perpetrated upon J creditors. If he were absolutely satisfied that he might accept the wife's statement, he would only bo too willing to do so, but her evidence was extremely unsatisfactory from the point of view of establishing "a gift. He could not find there was an absolute disposition of the property to the wife, which would be necessary to constitute a Rift. He accordingly granted an order for the handing over of the property to the j official assignee. _ -■ I