TOKAANU HOTEL

New Zealand Herald, Volume LXXIV, Issue 22823, 2 September 1937, Page 16

TOKAANU HOTEL

QUESTION OF SALE AGREEMENT CANCELLED FAMILY DISPUTE SETTLED [FROM OUR OWN" CORRESPONDENT*! HAMILTON, Wednesday Four days were set asido by tho Hamilton Supreme Court this week for the hearing of a family dispute concerning the ownership and control of i tho Tokaanu. Hotel, but after negotiations lasting a day and a-half, a settlement was reached. Tho parties were Bobcrt Asher Jones, farmer, of Tauranga, Eric Stanley Jones, labourer, of Tokaanu : and Lilian Beryl Grace, of Tokaanu (plaintiff), and John Atirau Asher, hotelkeeper, of Tokaanu, and Annie Jones, widow, of Tokaanu, a sister of Aslier's (defendants). Mr. H. 0. Cooney appeared for plaintiffs, and Mr. F. W. Ongley for defendant Asher. Plaintiffs asked that an agreement dated January 28, 1937, made between Mrs. Jones, as trustee in tho estate of her late husband, Robert Jones, and Asher, her brother, should bo cancelled. The agreement was for tho sale to Asher of tho hotel property at Tokaanu, the chisf asset in the estate of tho lato Robert Jones, for £9OOO. Tho agreement also provided that Mrs. Jones should discontinue all Court actions taken against Asher. Plaintiffs alleged that tho agreement was a broach of trust, as it provided for tho payment of tho purchase money by instalments without proper security. It was alleged that tho execution of the document was induced by Asher oxercising undue influenco over Mrs. Jones. It was also sot out in tho statement of claim that on February 19, 1936, Mrs. Jones leased the Tokaanu Hotel to Thomas Hurley, hotclkeeper, of Wanganui, for fivo years, with an option to purchase for £S7SO. Plaintifis, as beneficiaries in the estate, concurred in the lease and option. Advice regarding this lease was given to Asher, aud it was contended that the agreement of January, 1937, between Mrs. Jones and Asher was a breach of the contract with Hurley. It was contended further that tho agreement to sell to Asher was tho result of false representations. When tho case was called before Mr. Justice Callan to-day, Mr. Cooney announced that the parties had arrived at u settlement, ono of tho terms being that tho agreement referred to in tho writ should be cancelled. Counsel asked that judgment should bo entered accordingly. Mr. Ongley and Mr 3. Jones, who was not represented by counsel, concurred, and His Honor declared the agreement between Mrs. Jones and Asher cancelled. Costs were not asked for. It was later stated that Messrs. A. N. lies and C. T. McFarlane had been appointed trustees of the lato Robert Jones' estate in place of Mrs. Jones.