A question o£ general to trustee companies and others in the positions of trustees was raised in an originating snmmons that was before Mr Justice Hodges on ? March 30th in the Civil Court at Melbourne. By a deed of trust executed in March, 1903, between Adam Wilkie, of Fordell, New Zeland, and formerly of Melbourne, contractor, Edith Wfibie, of St. Kilda Road, Melbourne, and the Equity Trustees Company, properties and securities of the value of about £15,000 ware vested in Mrs Wilkie and tho company as trustees upon trust for her for life and after her deah for her three children equally. The properties were ;to be sold, and the proceeds invested, but in the meantime the trustees were given powers of management. In the course of management a sum of about £3OO was expended ;in various repairs to the properties, and had been deducted from the rents. In a proceeding instituted by Mrs Wilkie against the trustee company and the remaindermengthe Court was asked to say whether the expenses incurred in the repairs were chargeable to income or to corpus. The matter was in the first" instance argued before Mr Justice Hodges in December last, but iiia Honor desired to hear further arguments, inasmuch as lie was disposed to bold a different opinion from that given in 1907 by Ur 'Justice A’Beckett ou the same point in the case [of tho Trustees, Executors, and Agency Comoauy v.. Tong. After further argument on the 10th Mr Justice Hodges, in view of the importance of the question |to desirability cf decision case ,
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Bibliographic details
Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9397, 18 March 1909, Page 8
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261Untitled Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9397, 18 March 1909, Page 8
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