ACTION AGAINST TRUSTEES

Sun (Auckland), Volume IV, Issue 1024, 15 July 1930, Page 10

ACTION AGAINST TRUSTEES

TAKING OF ACCOUNTS SOUGHT Breaches of trust against two trustees were alleged in action for the 1.1 king or accounts by Edward Tonar I errall, Claude H. FerralL and Henrv J; Ferrall, against Robert Ferrall, tanner, and William Fallon, solicitor, heard by Air. Justice Smith in the Supreme Court today. The defendants were trustees in tire estate of Rotb ferrall, senr., who died on February Air. Rudd appeared for the plaintiffs and Mr. Richmond, with him Air. Weir lor the defendants. According to Air. Rudd, the testator h*it a life interest to his wife, with the provision that upon her death and upon the youngest child reaching the ago of 2o the farm property should las divided among the sons, whose s.iares. however, were charged upon to the extent of .U6OO, which was to bo paid to each daughter. After the mother’s death on August 13. 1922 her will showed that she had provided only tor her daughters. She had left certain debts outstanding and these wero shown by the trustees to have been charged against her husband’s •estate, but this statement was rejected. The sum of £390 for his managing of the farm and for his keep was also pharged against the estate for .Robt. Ferral, junr., one of the trustees it. was claimed, however, that he was not entitled to receive anything in his capacity as trustee. Another point in dispute was the charging of the rental ol a piece ot. leasehold land, belonging to Robt. Ferrall, junr., and which had been worked in conjunction with the farm, against the estate. The defence was that the charging of £3 10s weekly on behalf of Robt. For rail for managing the farm and for his keep was agreed upon by the beneficiaries in conference. It was further contended that the defendants merely P ai(l out the rental on the small leasehold block. (Proceeding.)