ALLEGED DEFAULT

Taranaki Daily News, 14 June 1929, Page 11

ALLEGED DEFAULT

TRUSTEES SUED. Wanganui, Juno 11. A case that occupied the Supreme Court at Wanganui for two days was one in which Kelvin Hammond, oi Hunterville, was plaintiff and T. A. Duncan, uf Hunterville, and Lloyd Hammond, oi Rata, were defendants. The plaintiff was the residuary legatee under the will of his father, John Hammond, who died in 1926, and the defendants were the trustees of his will. In 1924 the late John Hammond transferred his Rata lands for £27,304 to Mrs. Beryl Hammond, the wife of defendant, Lloyd Hammond, on which lands there was a sum of £3OOO owing under a mortgage given by John Hammond and Lloyd Hammond to Kelvin Hammond. It also appeared that a mortgage given by Mrs. Beryl Hammond to John Hammond to secure £6804 in 1924 had been reduced to £5OOO in 1925, leaving a sum of £lBO4 that had not been accounted for in the estate of the late John Hammond. Kelvin Hammond, being interested as residuary legatee in these sums, had requested from the trustees information as to them. This information had been persistently refused by the trustees, and Kelvin Hammond brought this action against the trustees praying for an account on the ground of alleged wilful default of the trustees. At the conclusion of the hearing, His Honour Mr. Justice Osler reserved his decision, but on doing so, said that, even if defendants succeeded in this action, he would not allow them dosts, and after looking into the matter, if he had power to do so 9 in the ©vent of plaintiff not succeeding, he would award him costs.