A CHARGE AGAINST TRUSTEES

Timaru Herald, Volume LXII, Issue 2926, 3 February 1899, Page 3

A CHARGE AGAINST TRUSTEES

Per Press Association. GISBORNE, Februarys Judge B-itham his been occupied m the Validation Court this week hearing, an application from Mr Lysnar, solicitor, on behalf of certain natives for the removal from office of the trustees and receivers of a native trust estate, Messrs Carroll, Wi Pere, and Jackson, upon the grounds of neglect, disobedience of orders of the Court, and other alleged irregularities. An affidavit has been put m from Mr Foster, manager of the Assets Company, stating that for a long time past he has been wholly dissatisfied with the management of the receivers. He wasofopiuion that the trustees at present holding office could not administer the trust estate to advantage, and should be relieved from office, and that the appointment of Mr Jack-

son as receiver had not been beneficial to the estate. The native applicants and Mr Lysnar, m their several affidavits, state their dissatisfaction with the management of the estate, owing to a want of diligence. They allege that the trustees had refused their request to sell portions of the land, and had failed to keep separate accounts. In answering affidavits Mr Recce, solicitor for the trustees and the receiver, states that certain statements made m the application are false and malicious, and explains that the trustees and receivers had acted under the orders of the Court, made by Judges Gudgeon and Barton. An order made by Judge Batham m Auckland, making the trustees personally liable for the repayment of £300 he declares to be ultra vires, having been made without notice. The trustees had from time to time applied to ihe Validation Court for money with which to satisfy its own orders, but without success. He admitted that a bankruptcy notice had been served on the trustees on account of one of these orders, and he had endeavoured to get the Court to satisfy tlie claim. The Hon. Mr Carroll, m his affidavit, denied the charges of neglect, and said that he and the trustees had done all m their power to lease the lands under their control, and m promoting the interest e of the natives. The Court had ordered that the costs and charges of himself and Wi Pere as trustees should, ] after taxation be made a first charge on the estate, and though m November, 1897, the Court distributed the sum of £3000, a sum of £500 owioi? to his cotrustee and himself still remained an unliquidated charge upon the estate since the beginning of that year, the Court, when it had moneys m hand, having invariably directed payment of other debts not preferential. Wi Pere and Mr Jackson make similar affidavits, the latter stating that he had kept proper accounts, and denying that the natives had requested him to sell their land. The case is likely to last several days.