DEED SET ASIDE

Wanganui Chronicle, Volume 79, Issue 174, 24 July 1936, Page 8

DEED SET ASIDE

FRAUDULENT AND VOID BROTHER’S SHARE IN ESTATE WIFE BRINGS ACTION I Per Prctis Association. J AUCKLAND, July 23. The deed of assignment between .wo brothers, Alfred William Maxvell and Roy Maxwell, was set aside is fraudulent and void under the statute of Elizabeth at the Supreme 2ourt to-day by Mr. Justice Callan in )is reserved judgment in the action Drought by Alice Maxwell, wife of R.oy, to set aside the deed as frauiulcnt. Roy purported to assign to lis brother his one-third share, imounting to £6OO, in the estates of .he father and mother, the father laving died in 1925. The wife aleged that the purpose of the assignment was to avoid payment to her )f maintenance under the order of .he Court. "My impression, after watching and istening to them (the two brothers), s that each of them possesses a considerable amount of cunning,” said Elis Honour. "Leisurely consideration has satisfied me that the deed was not bona fide, but an arrangement between the brothers, a mere cloak for retaining the benefit to Roy of his share in the estates, freed from the liability of his wife’s payments. I am satisfied that the deed was an attempt to conceal the fraud.” The Judge added that he did not believe that anyone else was a party to the fraud.