A WILL CASE.

Otago Witness, Issue 3899, 4 December 1928, Page 53

A WILL CASE.

SON’S TRIP TO ENGLAND. CLAIM AGAINST ESTATE FAILS. CHRISTCHURCH,. November 26. An action by Herbert William ActonAdams, of Tipapa, North Canterbury, sheep farmer, against the estate of his father, William Acton-Adams, who died in England leaving an estate valued at £400,000 was dismissed to-day by Mr Justice Adams. Herbert W. Acton-Adams is the eldest son of William Acton-Adams. He went to England to see his father. Mr C. M. Ollivier, attorney for William ActonAdams in Christchurch, advanced Herbert W. Acton-Adams £2500 out of William Acton-Adams’s moneys to meet the expenses of the trip. William Acton-Adams agreed to pay £lOOO. The executors credited Herbert W. ActonAdams with £lOOO, but debited him with the balance, £l5OO. In the action he asked for a declaration that he was entitled to a division of his father’s residuary estate without the executors deducting £l5OO, and for a declaration that no debt was owing by him to them. His Honor said it was hopeless to argue that there was any understanding between the plaintiff and Mr Ollivier that William Acton-Adams should pay the expenses of the plaintiff’s visit to England as such a contract would be outside the scope of Mr Ollivier’s power of attorney. The advances made by Mr Ollivier to the plaintiff constituted a debt due by the plaintiff to William Acton-Adams and the executors of his will were entitled to retain the sum of £l5OO out of any moneys payable to the plaintiff by them under the will. The action was dismissed with costs according to scale. A fee of £lO 10s was allowed for second counsel, disbursements and witnesses expenses to be fixed by the registrar.