A TRUST ESTATE

Southland Times, Issue 20939, 23 November 1929, Page 8

A TRUST ESTATE

SUPREME COURT CASE. AN UNQUALIFIED RETRACTION. In the Supreme Court yesterday, the action brought by Thomas Macdonald Foster and others against the trustees, past and present, of the estate of Robert Foster came before his Honour Mr Justice Kennedy. Mr A. F. Hogg was counsel for the plaintiffs, Mr H. J. -Macalister represented the trustees, while Mr W. S. Hunter, solicitor of Riverton, who was added as third party, was represented by Mr W. A. Stout.

The plaintiffs had asked "that accounts be taken by an accountant nominated by the Registrar on' such terms as are agreed upon by the parties and, failing such an agreement, that leave be granted to make a further application to the court.” Plaintiffs also asked for an order for payment of £370 alleged to be owing to the estate; for an order for a refund of £BBl 5/-; that the defendants be removed from the office of trustees and that new trustees be appointed.” In consenting to judgment against the plaintiffs, Mr Hogg remarked: “The plaintiffs in electing to consent to judgment being entered against 'them have instructed me to withdraw all allegations affecting the integrity of the trustees, Dr. Gordon and Mr William Scobie. The plaintiffs have not suggested or intended to suggest that the said defendants have been guilty of any impropriety in the administration of the trust funds and are prepared to admit that they have complete confidence in the honesty and integrity of the said defendants and if any allegation made by the plaintiffs has given the impression that the plaintiffs had any doubt as to the honesty and integrity of the said defendants, the plaintiffs unreservedly withdraw such allegations.” . His Honour accordingly, entered judgment for the defendants, but reserved his decision upon the question of the costs of the proceedings.