EXTRAORDINARY CASE.

Waipa Post, Volume XXIV, Issue 1410, 26 June 1923, Page 4

EXTRAORDINARY CASE.

TROUBLE OVER WILL. A DISGRUNTLED SON. (By Telegraph. Press Association.) AUCKLAND, Monday., There were unusual features about an application for possession of a farm which came before Mr Justice Stringer at the Supreme Court this morning. Among other things it was shown that the person whom it was sought to evict had refrained from exercising an option to purchase for £3O, a property reputed to be worth nearly £3OOO, but instead had taken compulsory possession. The applicants were the trustees of the late Alex. Andrews, Alex and Robert Boyd, the person from whom possession was sought being James Andrew, who was not represented by counsel, but sent a letter along “to the officials of the Supreme Court.’’ Counsel explained that under the will of the late Alex. Andrew the son James was given an option of purchasing wit I 'in six months, for £630, an area .of the farm amounting to 384 acres. He was so disgruntled at the terms of the will, however, that he would do nothing with it. in 1918. the property not having been sold, he forcibly took possession and had remained on P-e farm until the present date. "We have been reluctant to force him into court hut the palintiffs have at last been compelled to do so," said counsel. Alexander Andrew another son, and a farmer at Te Koluiru, corroborated the statement that his brother had taken possession. Witness valued the area which his brother had been given the option to purchase at £2600. His Honour: This seems an extraordinary thing. Counsel: II is quite extraordinary. Thai is why we are reluctant to force him out. His Honour then read the letter addressed to the officials of the Court, in which the defendant stated that l.lie trustees had no power to take possession, and further that lie claimed £4OOO for wages. His Honour: I think the man is hardly compos mentis. Counsel: I think that is so. I have done my best to get a settlement. His Honour: It seems extraordinary that he has not exercised his option. Counsel assured His Honour that no stone had been left unturned to avoid turning defendant out. The matter had now reached the stage when some of the other members of the family were accusing the trustees of neglect, in not doing so. His Honour made an order for possession and £2 a week mesne profits from June. 1918. to the present date.