TRIP TO ENGLAND.

New Zealand Herald, Volume LXV, Issue 20114, 27 November 1928, Page 10

TRIP TO ENGLAND.

SON'S VISIT TO FATHER.

THE PAYMENT OF EXPENSES.

CLAIM AGAINST ESTATE FAILS.

[nV TELEGRAPH.—OWN CORRESPONDENT.] CHRISTCHURCH, Monday

An action by Herbert William ActonAdams, of Tipapa. North Canterbury, sheep farmer, against tho cstato of his father, William Acton-Adams, who died in England leaving an ostnto valued at £400.000, was dismissed to-day by Mr. Justice Adams. Plaintiff is the eldest son of William Acton-Adams. When ho went to England to sec his father, Mr. C. C. M. Ollivicr, attorney for William Acton-Adams in Christchurch, advanced plaintiff £2500 out of his father's moneys to meet tho expenses of the trip. William Acton-Adams agreed to pay £IOOO. The executors credited Herbert W. Acton-Adams with £IOOO, but debited him with the balance, AM 500.

In the action he asked for a declaration that he was entitled to a division of his father's residuary estato without tho executors deducting the £ISOO and for a declaration that no debt was owing bv him to them.

His Honor said it was hopeless to arguo that there was any understanding between tho plaintiff and Mr. Ollivicr that William Anton-Adams should pay the expenses of jMaintiff's visit to England as such a contract would be outside the scope of Mr. Ollivier's power of attorney. Tho advances made by Mr. Ollivicr to the plaintiff constituted a debt due by the plaintiff to William Acton-Adams and tho executors of his will were entitled to retain the sum of £ISOO out of any moneys payable to the plaintiff by them under the will. The action was dismissed with costs according to scale, £lO 10s being allowed for second counsel. Disbursements and witnesses' expenses to bo fixed by the registrar.