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MOTUEKA SCHOOL TRUST.

This was an originating summons to determine certain questions in connection with an aero of land in High street, Motueka, which was given in trust in 1853 b^ John Sanforth Greenwood for the purposes of a site for a school for educating in the principles of the Church of England children of residents in the district of Motuoka, and for such other purposes of a religious, public or useful nature as the trustees should from time to time direct. The plaintiff was the Rev John Vosper, of Motueka, and the defendants Henry Ernest Gilbert, of Waitara, postmaster, John Broughton Jordan, of Motuoka, saddler; Francis Holder, of Ngatimoti, farmer; John Stewart Wratt, of Motueka, farmer; and John Heath, of Motueka, farmer (tho present trustees).

Mr Maginnity appeared for the plaintiff, and Mr C. J. Harley for the defendants.

The evidence was given by affidavits filed.

Mr Maginnity submitted that the procedure by originating summons was tho proper procedure to elicit the information in regard to the administration of the trust. He contended that the procedure was comparatively a new procedure, with full power to the Court to vary or add to the parties on either side. This being so ho urged that the joinder of the Attorney-General was not necessary.

Mr Harley, for the defendants, contended that the joinder of the AttorneyGeneral was imperative, and therefore that the present proceedings cotdd not be maintained.

Counsel on both sides dealt at length on the legal interpretation of the trust, and its administration by the trustees, Mr Maginnity contending that it must bo held to be a Church of England trust, but this Mr Harley refused to admit, and claimed that after the trustees had set apart some part of the land as a site for a school, they were at liberty to utilise five remaining land, and the income therefrom, for any public purposes they thought proper. It was shown that the land was now very valuable andt he greater part of it was leased at £15 per year for 21 years. His Honour, -in giving judgment, said1 that the plaintiff in the present proceedings did not occupy any.of the positions enabling him to bring an action. He was, however, more than an ordinary, member of the Church of England, in that he was the incumbent of the Church at Motueka, but in regard to this trust ho was simply a member of the Church. In His Honour's opinion, to enable the Court to give a judgment, it would be necessary to make the Attorney-General a party. He did not think that any of the questions raised in the action could be determined on an originating summons, and an order to afford complete relief must be. obtained by fresh, proceedings in another form, His Honour further said that in the first place the donor settled who should be the trustees under tho deed of trust, and his determination, in his Honour's opinion, could only be set aside by Act of Parliament. If the trustees misconducted themselves then the Court could appoint others. His Honour then remarked in detail upon the claims set forth on behalf of the plaintiff in the summons, and in regard to the apparent vagueness of a provision under the deed of trust, he expressed the opinion.that the discretion afforded to the trustees was limited to public uses connected with the Church of England. He* could not say one way or the other whaab; way the trust had been administered. He held that the present proceedings must fail, but what he had stated" was entirely without prejudieo to any proceedings which might be brought in another form. If there was a serious charge against the trustees it was for those persons who were interested in the matter to ask the At-torney-General to proceed in the ordinary way. The summons would be dismissed, but only £7 7s costs would be allowed to the defendants.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/TC19121107.2.27.3

Bibliographic details

Colonist, Volume LIV, Issue 13567, 7 November 1912, Page 6

Word Count
657

MOTUEKA SCHOOL TRUST. Colonist, Volume LIV, Issue 13567, 7 November 1912, Page 6

MOTUEKA SCHOOL TRUST. Colonist, Volume LIV, Issue 13567, 7 November 1912, Page 6