MANAGEMENT OF ESTATE

New Zealand Herald, Volume LXXIII, Issue 22355, 28 February 1936, Page 12

MANAGEMENT OF ESTATE

TRUSTEES AT VARIANCE INVOLVED CIVIL ACTION [fbom oub own correspondent] HAMILTON, Thursday Lengthy evidence was given by defendant in the Supreme Court to-day in the case in which Annie Jones, widow, of Tauranga, as trustee of the estate of Robert Jones, deceased,' ,i 3 proceeding against her brother, John Atirau Asher. hotelkeeper, of Tokaanu, for possession of the Tokaanu Hotel, store apd fishing lodges owned by the estate of her late husband, for £4OO alleged to bo due as rent, and for an order that accounts of defendant's trusteeship should be taken. s . Mr. Justice Callan is presiding. Mr. Cooney is appearing for plaintiff and Mr. Ongley for defendant. The case has lasted for three days and involves the investigation of accounts for a period extending back to 1924, when Robert Jones died. Plaintiff asked that the lease of the property held by defendant should be cancelled on the ground that he had mismanaged the estate and that arrears of rent amounting to £4OO should be paid to her. Defendant denied the allegations made by plaintiff and counter-claimed for £1357, which, he stated, the estate owed him. In answer to Mr. Cooney, defendant said he had no recollection of being forcibly ejected from the management of the estate in December, 1929, His Honor remarked that he should expect any man to remember throughout his life any attempt to push him out of the management. Defendant said he voluntarily retired from the trusteeship and management in 1930. The trustees were so dissatisfied with the subsequent management that he was reappointed in 1932. Plaintiff begged him to take over the property as tenant, £0 a week rent being agreed to. The hearing of the case will be continued to-morrow.