PARK FOR OTAHUHU

New Zealand Herald, Volume LXIX, Issue 21253, 5 August 1932, Page 13

PARK FOR OTAHUHU

REQUEST NOT GRANTED BOROUGH TO TAKE OVER AREA A representative of the plaintiffs in tho recent Supreme Court action, in which they sought to have sot aside, on tho ground of undue influence, the deed of gift of a park to the Otahuhu Borough Council by the late Mr. James Murphy, waited on the council last evening. He submitted an informal request that the Borough Council consider taking over one acre only as a park, and agree to the three remaining acres being permitted to revert to the estate of the donor for division among the beneficiaries. In support of the request, it was suggested that there would bo a considerable loss of rate revenue to the council should it accept the entire area. It was stressed that, such a concession would be giving effect to the desires of Mr. Murphy, who had frequently expressed his intention to provide for his beneficiaries. The Mayor, Mr. H. T. Clements, said the council could scarcely consider the request. To grant it would be tantamount to a breach of trust by the council. "Mr. Murphy expressly desired to perpetuate his family name by tho gift of a park, and it would bo wrong for the council to depart in one single detail from giving expression to that desire," added the Mayor. It was decided to take no action. Replying to an inquiry as to when the council* would take over the park, tho town clerk said this had not yet been settled. Tho deed of gift had not been fully completed by Mr. Murphy, and the question whether the trustees could complete it was being considered. Occupation of the park could not be obtained until this was settled.