EXECUTOR OF WILL.

New Zealand Herald, Volume LXIX, Issue 21115, 24 February 1932, Page 10

EXECUTOR OF WILL.

THE HUNTER ESTATE. WIDOW SEEKS SUBSTITUTION. REQUEST FOR PUBLIC TRUSTEE. [Br TELEGfiAI'H. —tTESS ASSOCIATION.] WELLINGTON, Tuesday. Further litigation in connection with the estate of the late Sir George Hunter was commenced beforo the Chief Justice, Sir Michael Myers, in the Supreme Court to-day, when Cyril Hunter, as executor, moved that probate he granted him of the testator's 1924 will pronounced for by Mr. Justice Reed and subsequently affirmed by the Court of Appeal. Lady Hunter, widow of the testator, moved, on the other hand, for an order that the executor named in the 1924 will be passed over and that an order be mado authorising the Fublic Trustee to administer the estate in accordance with that will. The parties were represented by five counsel, but after counsel for the small daughter of the late Sir George Hunter and Lady Hunter expressed his views on behalf of the child, ho was given leave to retire. Counsel for the child said ho felt if Cyril Hunter remained executor and trustee of the estate there would lie perpetual friction between him on the one side and Lady Hunter and the infant beneficiary on the other. His Honor: You might conceivably have that whoever is exenutor under the existing economic conditions.

Counsel admitted that was true, but contended that the position was that the parties had been at arms' length ever since the commencement of the prolonged litigation. Looking at the matter from the point of view of the child, he felt it would be in the interests of the estate and Lady Hunter and the child in particular that Cyril Hunter should not retain the position of executor.

As far as the other beneficiaries were concerned, it was submitted that their position would be no worse if the Public Trustee was appointed in place of Cyril Hunter.

Counsel added his own opinion was, and had been all along, that if some means could be found to end the litigation and place the estate in a satisfactory position, it should be embarked upon by the parties. He contended through the "smug conplacency" of the trustees Lady Hunter and the child were left virtually starving. Later in the proceedings counsel for Lady Hunter announced he had seen the Public Trustee, who was prepared to finance the whole of the liabilities of the estate on a day-to-day balance at an overdraft rate of per cent. The case was adjourned until to-morrow to enable the parties concerned to consider the proposition.