MENTAL DEFECTIVE GAVE LARGE SUM TO HIS FRIENDS.

Star (Christchurch), Issue 18803, 4 July 1929, Page 11

MENTAL DEFECTIVE GAVE LARGE SUM TO HIS FRIENDS.

DECISION TO SET GIFTS ASIDE IS APPEALED AGAINST. Per Press Association. WELLINGTON, July 4. A Court of Appeal, consisting of Justices Myers, Iferdman, Adams and Blair, were engaged to-day in hearing the appeal of Haydn Algar, of Kilbirnie, builder, and Annie Algar, his wife, against Harry James Tasker, of Porirua, mental defective, suing by his administrator, the Public Trustee. The facts are that for about six weeks prior to September 21, 1926, respondent resided with the appellants at their residence. 140, Coutts Street, Kilbirnie, Wellington, and, during that time, made gifts to the appellants of £315. From 1907 to 1917. Tasker had been an inmate of the 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 was again committed to a mental asylum, and the Public Trustee was 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 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 there was so confidential a relationship between the parties that the 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, adopted or confirmed the gifts. Appeal is now being brought from this decision, and argument is proceeding. For the appellants, Mr H. H. Cornish and Mr James are appearing, and for the respondents Mr A. Wiren.