MORTGAGOR’S CLAIM

Sun (Auckland), Volume III, Issue 837, 4 December 1929, Page 10

MORTGAGOR’S CLAIM

ACTION AGAINST ESTATE

JUDGMENT FOR £2,041

From Our Own Con espondent HAMILTON, Tuesday.

A claim in connection with a deceased estate was heard by Air. Justice Herdman in the Supreme Court today. Tho plaintiffs were Willi la Andrew Kirkness and John Kirknost, farmers, Matamata (Mr. Goodall),who held a mortgage over the property of Edward Fitzgerald, deceased. The defendants were Mrs. Gladys Ryan, of Matamata, who did not appear, and he Farmers* Co-operative Auctioneering; Company. Limited (Mr. Gray). Plaintiffs claimed £2.041, the proceeds of a sale of stock in the Fitzgerald Estate, which had been sold by the defendant auctioneering company on September 16, under instructions from Mrs. Ryan, who had not obtained probate of the will, although she was named as a beneficiary in the estate. At a later stage probate was granted in Ireland in favour of Mary Fitzgerald, the other executrix named in the will. The attorneys for Miss Fi.trgerald, Messrs. Jackson and Tunks, assented to the proceedings. Evidence was given by William Andrew Kirkness, in which he identified the stock sold as that of the estate of the late Edward Fitzgerald, vho.iad signed the mortgage. His Honour made an order that the £2,041 in the hands of the auctioneers should be paid to the plaintiffs. By agreement the sum of £3l 10s was allowed to the defendant company in full settlement of costs. Judgment t ntere(i gainst Mrs. Ryan by default.