ESTATE OF GORE WOMAN

Southland Times, Issue 25748, 11 August 1945, Page 6

ESTATE OF GORE WOMAN

COURT TO DECIDE LEGAL POINT I (Special) DUNEDIN, August 10. Action on an originating summons to I decide whether a gift of property in | Albany street, Gore, used for some time as a maternity hospital and the gift of the residue of an estate were valid charitable gifts came before Mr Justice Kennedy in the Supreme Court today. The plaintiffs were James Carnegie Gordon, labourer, and Joseph Ernest Rogers, medical practitioner, as trustees of the will of Isabella Gordon, of Gore, and the defendants the Commissioner of Stamp Duties and others. Mr J. S. Sinclair appeared for the plaintiffs, Mr H. J. Macalister for the Attorney-General and Mr F. B. Adams and Mr E. A. Duncan for Alexander Noble and (nominally) for the Commissioner of Stamp Duties. Mr Sinclair said the action had been brought to determine certain questions relating in part to the disposition of a freehold property in Gore used as a maternity hospital. The testatrix, who died in 1941, left a will dated May 6, 1921. The estate had been sworn at £4373 for death duty purposes, and after the provision of a legacy of £5OO for her husband etc., it was estimated that the residue of the estate would amount to about £2BOO. By clause 5 of the will a freehold property in Gore had been leased to Nurse Georgina Wallace as a maternity hospital, and the trustees were directed to fix the terms and conditions of the running of the home, including tlie necessary charges. There was also a provision that the hospital was not to be attached to the public hospital or placed under the control of the Hospital Board. Because of illhealth, Nurse Wallace had been compelled to vacate the home, which was not now occupied. Mr Sinclair contended that under the terms of the will the home was not to be carried on for the gain of those who conducted it, but the trust provisions were for the benefit of a section of the community of Gore and the surrounding districts. From Dr Rogers’s affidavit it would be seen that there was no public maternity hospital in Gore. He submitted that the gift was a charitable one in law, its underlying puiTpose being for the permanent benefit of the community. Mr Adams said that a hospital might be a good charity, but on the other hand it was not necessarily a charity. In all cities there were large private hospitals which no ode would dream of describing as charities. There was nothing in the terms of the will to prevent anyone from leasing the hospital for the purpose of gain. His Honour reserved his decision.