IMPORTANT INTERESTS

New Zealand Times, Volume XLIX, Issue 11249, 29 June 1922, Page 5

IMPORTANT INTERESTS

LAND WORTH THOUSANDS AGENTS’ RIGHTS: FEE SIMPLE OR LESSER INTEREST? SUPREME COURT SUIT. Before His Honour the Chief Justice (Sir Robert Stout), in the Supreme Court, yesterday, an application was made under the Declaratory Judgments Act, 1908, in which Samuel Roy Williams, of Pukchau, sheepfarmer, was the plaintiff. He was represented by Mr E. F. Hadtield. Mr J. F. B. Stevenson appearing for the defendant trustees, Frederick Wnnklyn Williams, of Napier, a merchant, and Allen Marsh Williams, of Te Aute, Hawke’s Bay district, a sheepfarmer. Mr A. W. Blair appeared for Athol Williams, a party interested in the suit. WORTH MANY THOUSANDS. It appear®, that some years ago, William Temple Williams conveyed certain land, worth many thousands of pounds, to tho defendants, who, in 1913, executed a deed of trust acknowledging that they held that land as “agents” for tho plaintiff, or, as the plaintiff should, by deed or will, appoint ; or, in lieu of such appointment, in trust for his next-of-kin. At that time the plaintiff was away in England. FEE SIMPLE OR NOT? The question before the court was whether, under that dead of trust, the plaintiff took the land as absolutely vested in him in fee simple, or whether ho merely had a lesser interest in it. Mr Hadfield, for the plaintiff, submitted that the latter was the absolute owner of the properties without restriction of any sort; and that the words concerning the. appointment by deed or will to the next-of-kin had no effect, and were mere surplusage. “A MERE TRUSTEE.” For the defendant trustees, Mr Stevenson submitted to the court’s judgment. The trustees, he said, had considered tho matter, and were in favour of Air Hadfield’s contention. Air Blair, for the other interested party, Athol Williams, contended, however, that Samuel Roy Williams was only a mere trustee who oould not be held to take an absolute interest. JUDGMENT TO-DAY. Counsel asked that tho court’s decision bo given as soon as possible on account of tho great importance of the interests involved. The properties, in 1914, it was stated, were worth, over £13,000, but had, since then, very considerably increased in value. His Honour said he would give his decision on Thursday.