THE KNOWLES ESTATE.

Otago Witness, Issue 3396, 16 April 1919, Page 9

THE KNOWLES ESTATE.

ACTION AGAINST TRUSTEES.' WELLINGTON, April 9.

The Chief Justice delivered judgment today in tho case of Amelia C. Macfarlane versus John Vigor Brown and Francis Logan, executors and trustees of -.he will of the late Edward W. Knowles, of Napier. The plaintiff, who was a daughter of the testator, prayed that accounts should be taken and tho estate administered under a decree of the court. Sir Robert Stout gave judgment for the defendants on the charges made against them, with costs to be paid by plaintiff. If, however, she desired administration the action is to bo continued at her own expence. His Honor said he would not- refuse to allow it, as 6he seemed to have no confidence in the trustees. There was, however, no ground for such a belief. In the second action brought by Mrs Macfarlane on behalf of herself and her children to have the trusts of her late mother administered by tho court on the ground that sho could not agreo with her fellow trustee (Mr J. Vigor Brown), the Chief Justice expressed the opinion that there was no ground for commencing such proceedings. There was no evidence before the court that Brown had acted in any way improperly, and the action was simply asking that the estate should be put to moro expense in its administration. Ho would hold that if Mrs Macfarlane would pay all costs of administration and not make any charge on tho capital to go to her children sho could do so. He would therefore grant her a decree, but she Would have to pay all costs of litigation.