Native Trust Case.

South Canterbury Times, Issue 2398, 3 February 1899, Page 2

Native Trust Case.

Per Press Association. GISBORNE; February Judge Batham’.has been- occupied the Validation Court this week heai an application from Mr Lysnar, so tor, on behalf of certain natives for removal from office of the trustees receivers of a native trust estate, Mei Carroll, Wi Pere, and Jackson, u] the grounds of neglect, disobediene orders of the Court, and other alle irregularities. An affidavit has been in from Mr Foster, manager of the Asi Company, stating that for a long t past he has been wholly dissatisfied \ the management of the receivers, was of opinion that the trustees at; sent holding office could not ad mini the trust estate to advantage, should be relieved from office, that the appointment of Mr J son as receiver had not I beneficial to the estate. The na applicants and Mr Lysnar, in tl several affidavits, state their dissatis tion with the management of theest owing to a want of diligence. T allege that the trustees had refused t request to sell portions of the land, had failed to keep separate accounts, answering affidavits Mr Reece, solic for the trustees and the receiver, st that certain statements made in the plication are false and malicious, _ explains that the trustees and recei had acted under the orders of the Co made by Judges Gudgeon and Bar An order made by Judge Bathart Auckland, making the trustees sonally liable for the repayment of i he declares to be ultra vires , having fc made without notice. The trustees I from time to time applied to the Val tion Court for money with which satisfy its own orders, but without cess. He admitted that a bankruj notice had been served on the trus on account of one of these orders, he had endeavoured to get the Oojit satisfy the claim. The Hon. Mr Can in his affidavit, denied the charge neglect, and said that he and trustees had done all in their powei lease the lands under their control, in promoting the interests of natives. The Court had ordered 1 the costs and charges of himself and Pere as trustees should, after ti tion be made a first charge on estate, and though in November, 1 the Court distributed the sum £3OOO, a sum of £SOO owing to his trustee and himself still remained unliquidated charge upon the es since the beginning of that year, j Court, when it had moneys in hi having invariably directed paymen other debts not preferential. Wi ] and Mr Jackson make similar affida l the latter stating that he had I proper accounts, and denying that natives had requested him to sell t land. The case is likely to last several da