GIFTS SET ASIDE

Taranaki Daily News, 6 July 1929, Page 2

GIFTS SET ASIDE

PRESUMED UNDUE INFLUENCE. Wellington, July 4. The Court of Appeal, consisting of the Chief Justice, the Hon. M. Myers, Mr. Justice Herdman, Mr. Justice Adams and Mr. Justice Blair, is engaged to-day in hearing the appeal of Haydn Algar, of Kilbirnie, builder, and Annie Algar, his wife, against Harry James Tasker, of Porirua, alleged mental defective, suing by his administrator, the Public Trustee.

For the appellants, Messrs. H. 11. Cornish and James are appearing, and for respondent Mr. S. A. Wiren.

The facts are that for about six weeks prior to September 21, 1926, respondent lived with appellants at their home in 140, Coutts Street, Kilbirnie, "Wellington, and, during that time, made gifts to appellants of £315. From 1907 to 1917, Tasker had been an inmate of Porirua Asylum and, shortly after making these gifts, showed' evidences of insanity, which necessitated his being brought before a magistrate again. It was not until October, 1927, however, that he again was committed to a mental asylum, anj the Public Trustee appointed administrator of his estate.

In 1927 the Public Trustee brought an action to have the gifts set aside on the grounds that, at the time of making them, Tasker was of an unsound mind, and that the Algars had taken advantage of his weakness. Mr. Justice Smith held that the gifts should be set aside on the ground that, as there was confidential relationship between the parties, presumption of undue influence arose against the donees, and that, owing to the state of mind in which Tasker continued thereafter it was impossible to conclude that Tasker, with a full sense of responsibility for the disposition of his property, made the gifts. An appeal is now being brought from this decision. It was contended by Mr. Cornish that while appellants may have been aware of respondent’s condition at the tune of making the gift, the evidence did not establish that ho was of sufficiently unsound mind to be unable to make a valid gift. The'Chief Justice here remarked that the Courts must look with suspicion on gifts made in such circumstances. Mr. Cornish then submitted that the evidence did not connote such a degree of insanity as to justify the avoidance of the gift. Mr. Tasker at the time of making the gift was in a nervous condition, and was suffering from delusions, but these themselves did not establish an inability to make a gift. Mr. Tasker was very grateful to the Algars. He constantly spoke of them as his best friends, and such gratitude was the motive of his gift. The case was not concluded.