LOANS DISPUTED

Sun (Auckland), Volume III, Issue 674, 28 May 1929, Page 10

LOANS DISPUTED

ESTATES OF PARENTS FAMILY PROBLEM SOLVED Can an administrator, acting fer both his father's and mother's estatf. admit a debt as between the two estates. as a result of which he would benefit? This issue was raised before Mr. Justice Herdman in the Supreme Court today. Mrs. A. S. JLusher and Mr*. Gully (Mr. Chalmers) proceeded against Robert J. Lusher 'Mr Tern 1 administrator of his fathers estate and one of the executors of his mother’s will, under an originates summons claiming that a debt of £3*' should not be admitted against the father’s estate. The principal issue was whether defendant’s mother, who had a life tenancy in her husband’s estate, had paid calls amounting to £979 on New Zealand Loan and Mercantile Company* shares out of her estate, and whethef these payments were loans or gifts. Evidence by the defendant shower that the 200 £9 shares in his fathers estate were valueless when his fath?* died, and his mother had pa:d the - 3 calls on them out of her estate to protect her interests. The money vas advanced as loans. . His Honour expressed himself san?* fied that the advances made by Mr?Georgianna Lusher to meet _ calls on the shares were loans, not gift?- y 1 ® ! accordingly, entered judgment again;I the defendant as the sole surviving ac- | ministrato-r in his father’s estate tor i £979 due as a debt to his motheri • estate.