THE BRETT TRUST.

NZ Truth, Issue 119, 28 September 1907, Page 4

THE BRETT TRUST.

SUED BY THE " N.Z. TIMES." Verdict For Plaintiffs.

The case of the "N.Z. Times" versus the trustees of the Brett Benefit m which the newspaper people sought to recover the sum ox £157 2s 9d. which sum Brett was alleged to be indebted to the said Company for papers supplied, came to a conclusion on Tuesday last at the Wellington S.M. Court, when Magistrate Hiddcll gave his decision. The Magistrate stated that he was not convinced from the evidence adduced nor from the arguments of Mr Neave. that the moneys held by defendant were not attachable. It seemed to his Worship that it was money received and held unconditionally by them for Brett. The committee formed only part of the donors and acted without the consent of the others. He did not think there was power to frame conditions which would be binding on the beneficiary of the other donors without their consent. An easy test would be this.: Supposing the N.Z. Times Company filed a petition to have Brett declared a bankrupt, could the defendants hold this money as against the Official Assignee m bankruptcy ? His Worship did not think they could. Further, they admitted the money was held on Brett's account, but they considered it should not be handed to him m one sum as it

MIGHT BE MIS-SPENT. They were prepared, however, to pay it over m instalments. No doubt the committee took an active part m arranging the benefit, and but for their efforts it might reasonably be supposed that a much smaller sum would have been collected. Their sole object was apparently to make some provision for the future maintenance of Brett and those dependent on him, and if before the benefit they had known that nearly two-thirds of the money raised would be attached by a creditor, to satisfy a creditor for which had been incurred before the date of the BcnefU and was of doubtful worth, they probably would have made some attempt to prevent such an occurrence. But although actuated by the best of .motives, his Worship could not see what principle of law they could now succeed under. No trust had ever been declared with respect to the funds held by them, and, as already stated, he thought it was a debt within the meaning of the Statute due to the beneficiary. The order would be made absolute, but as the defendants were donors and had acted with some color of right, no costs would be allowed.

At a meeting of the Benefit Committee, held last Wednesday, it was decided that no appeal would be prosecuted, and that the balance left after paying the amount of the verdict should be handed over to Brett.