EXCHANGE OF SHARES

Otago Daily Times, Issue 27247, 25 November 1949, Page 7

EXCHANGE OF SHARES

APPLICATION TO SUPREME COURT

He was satisfied that there, was power to make the orders asked for, and in the commercial sense the exchanges of the shares seemed practically unavoidable, said Mr Justice Kennedy in the Supreme Court at Dunedin yesterday. The judge had been asked by the Perpetual Trustees Estate and Agency Company of New Zealand and other trustees of several estates to give authority for the exchange of shares held in one New Zealand company and other Australian companies for shares in Associated Leathers Ltd., of Melbourne. Such authority was not provided in documents of the estates. His Honor accordingly made the orders asked for in each case. All parties concurred in asking the court for an order, but lengthy legal argument was heard. The cases were:—The Perpetual Trustees and another (Mr N. L.Millar) v. ■ Eunoe Stamers Smith and others (Mr F. M. Hanan); the Perpetual Trustees and others (Mr Millar) v.. Emily Elizabeth Forsyth and . others (Mr Hanan); the Perpetual Trustees and another (Mr Millar) v. Elespie Kate Prior and others (Mr Hanan); the Perpetual Trustees (Mr J. B. Thomson) v. Dorothy Michaelis Theomin (Mr A. N. Haggitt); the Perpetual Trustees (Mr Thomson) v. Grace Theomin (Mr Haggitt); Frank Morit2 Halsted and the Perpetual Trustees (Mr J. M. Paterson) v. Alison Enid Myers and others (Mr Hanan). Provision For Widow On an originating summons under the Family Protection Act, Grace Hoatten (Mr J. S. D. More) sought an order giving her more adequate provision from her husband’s estate The defendants were John Anderson Sim (Mr F. W. McElrea), Phyllis Jane Olivia Crossan (Mr R. G. Calvert), Raymond Victor Hoatten and William, Stuart Hoatten (Mr I. B. Stevenson) His Honor said that he was Well satisfied that due to a change of circumstances, the testator had failed to make ample and proper provision for the widow. His Honor made an order for further provision for the widow in terms of the draft order submitted. Money Apportioned His Honor made an order against the Dominion Fertiliser Company Ltd., apportioning £2500 which had been agreed upon as damages to Ellen Edyth Mitchell (Mr F. W. McElrea).. for the loss of her husband. V. •