SON CLAIMS THAT MOTHER MADE GIFT.

Star (Christchurch), Issue 17864, 4 June 1926, Page 5

SON CLAIMS THAT MOTHER MADE GIFT.

CO-TRUSTEE ASKS FOR RETURN OF MONEY. A dispute between two trustees came before Mr Justice Adams in the Supreme Court to-day. John Robert Cuningham, solicitor, sued Cecil John A’Court, plumber, for £179 7s 6d. The parties arc trustees and executors under the will of the late Frances Sarah A’Court, a widow. Defendant is her son. Plaintiff set out that on November 12, 1925, Mrs A’Court authorised defendant or his wife to withdraw £215 3s 6d from her Savings Bank account to pay some debts due by her, and to hold the balance in trust. He paid debts totalling £35 16s, and now refused to pay the balance of £179 7s 6d. The defence was that the balance was a gift to defendant. Mr Hanna appeared for plaintiff, and Mr Cuthbert for defendant. Mr Hanna said that Mrs A’Court devised a property at 148, Holly Road, to defendant, but it was sold before her death, the proceeds going to defendant. Mrs A’Court, who was seventy-five years of age when she died, was looked after by defendant and his wife. They lived in her house, and she paid them 10s a week. As she always paid cash for anything she bought, in order to get discount, she had a passion for having money about the house. Dr M. G. Louisson, called by Mr Hanna, said that Mrs A’Court, in his presence, asked that the money should be withdrawn, but she did not say for what purpose. lie witnessed the authority to withdraw. lie did not hear her sav that it was intended as a gift to anybodv. She had* not much will power then. She could not do anything for herself. Defendant went to witness after Mrs A’Court’s death and said that Mrs A’Court had made the gift to defendant in witness’s presence. Witness replied that he had heard no suggestion of that sort. To Mr Cuthbert: Mrs A’Court might have had sufficient intelligence then to make her will. She told him quite clearly that she wished him to witness the authority to withdraw. She knew what she was doing. Plaintiff said that the estate was valued for stamp duty at. £1541. Alice W. W ilkinson, wife of Thomas Wilkinson, plumber, and daughter of Mrs A’Court, gave evidence for plaintiff. Mr Cuthbert said that defendant, for some reason, had not been quite frank with his co-trustee. Mrs A’Court made the gift to defendant absolutely, with out any reservation. Defendant said that the sum of 10s his mother offered to pay him usually was spent on her. His mother asked him not to say anything about the gift to other member sof the family.