FARMER’S ESTATE

Otago Daily Times, Issue 25101, 17 December 1942, Page 6

FARMER’S ESTATE

DIRECTION REGARDING EXECUTORS Mr Justice Kennedy gave judgment yesterday in the Supreme Court in the action between the official assignee in bankruptcy of the property of Allan King Paterson, late of Heriot, farmer (deceased), and Marion Paterson, of Palmerston, widow; Ralston Fairlie Sim, of Heriot, accountant; and William Leslie Paterson, of Heriot, farmer. Allan King Paterson died on January 15, 1935, leaving a will, which was duly proved. On February 11, 1942, an order was made that the estate of the deceased should be administered under the provisions of Part IV of the Administration Act, 1908. The order further provided that the court, being satisfied that the estate of the said deceased was likely to be better administered by the official assignee in bankruptcy, ordered that the estate cease to be administered by Marion Paterson, Ralston Fairlie Sim, and William Leslie Paterson as executors thereof and that it be administered by the official assignee in bankruptcy for the Dunedin district. The question before the court was whether the provisions of the Bankruptcy Act, providing for a public examination of a bankrupt debtor, could be used for the purposes of examining the former executors of the estate—Mrs Paterson and Messrs Sim and Paterson—which was being administered as an insolvent estate under Part IV of the Administration Act, 1908. His Honor held that this could not be done. Certain other questions were raised which the judge, in the exercise of his jurisdiction, declined to answer. The position is that the questions asked were either not, in the discretion of the court, answered, or in so far as they were answered they were answered in favour of the defence. The judgment concluded: “In my view, the executors are not bound to submit to a public examination, nor can the appointee so require them, Upon all substantial questions which may be answered the plaintiff has failed.” At the hearing Mr J. C. Robertson appeared for the plaintiff, the official assignee. and Mr F. B. Adams for the three defendants.