CURIOUS WILL CASE

Pahiatua Herald, Volume XXXVI, Issue 10998, 22 November 1928, Page 3

CURIOUS WILL CASE

ESTATE SUED. FPorf-rm T“lp'ira v> r : CHRISTCHURCH. November 20. Hubert William Acton Adams of Tipapa, North Canterbury, who inherited £150.000 in cash under the will of his late father, sued the executors of th© estate in the Supreme Court to-day for £ISOO. In 1921 plaintiff’s father, Willifim Acton Adams, who resided in England. sent instructions for plaintiff, liis wife, daughter and son. to visit him. O. C. M. Olliver, attorney in England for William Acton Adams, provided for plaintiff the sum of £2500 out of the moneys belonging to William Acton Adams as a reasonable sum to defray expenses on the voyage. Plaintiff and his family were affectionately received by William Acton Adams who. however, instructed his accountants in New Zealand to allow only £IOOO on account of expenses. The trustees debited plaintiff with the sum of £2500 but credited him with £IOOO. The expenses exceeded £2500 and plaintiff had to appoint a manager on the Tipapa property which was then owned by William Acton Adams. The sum of £ISOO therefore was claimed. The defence was that the sum of £ISOO was loaned or provided by Olliver who had no authority to make the gift to plaintiff at the time. Plaintiff knew that the sum was not a gift by Ollivier on behalf of William Acton Adams and' knew that he was liable to repay the sum to William Acton Adams. As William Acton Adams had instructed his accountants to credit plaintiff with the sum of £IOOO plaintiff was discharging from his liability to repay that sum, but his liability to repay the sum of £ISOO remained.

Judgment was reserved