TRUSTEES REMOVED

Wairarapa Daily Times, 7 September 1937, Page 4

TRUSTEES REMOVED

LADY HUNTER SUCCEEDS. IN ALL FOUR 'ifeONS. , WELLINGTON, This Day. The reserved judgment by Judge Smith in the claim by Lady Hunter for the removal from trusteeship of the estate of her late husband, Sir George Hunter, of Cyril Paul Hunter and Thomas Percy Hunter, nephews of Sir George, is in favour of plaintiff. The judgment was released to-day. Lady Hunter succeeds in all four causes of action.

Judge Smith says that the facts he had found clearly justified an order for the removal of defendants as trustees. There had been slackness in'tlfe management, unnecessary loss, a failure to investigate a claim which particularly tested the capacity of the defendants to act correctly when their interest conflicted with their duty, and there existed a state of hostility which prevented the life tenant from worJGjjig harmoniously with the trustees, Judge Smith says that her desired to make it very clear that he made reflection on the honesty of the trustees, but, in Ms judgment, the welfare of the beneficiaries and of the trust estate would be best secured by removing defendants as trustees and appointing some independent person or persons or corporation in their place. Judge Smith deferred the making of an order appointing a trustee company until the company consented to such trusteeship. Cyril Hunter’s executorship in the estate remains, but he will no longer administer the assets.' Referring to the arrangement with Messrs Bethune and Hunter, Judge Smith says that an arrangement of this nature which protected a stock and station agent, and not the estate, when prices were low, and contained no stipulation! that it would continue when prices were high, should not have been carried on by the trustees. Upon tMs cause of action he thought that Messrs Bethune and Hunter had been employed at a remuneration whictjfchad been excessive. by about £7O a during the past six years. The judgment indicates that though Cyril Hunter’s executorship is not immediately affected, the Judge holds the opinion that it is expedient that he should be removed, and to enable the proposed trustee to state its attitude both with regard to the trusteeship and the executorship, no order will be made immediately.

The action was adjourned sine die for further consideration, to be brought forward at three days’ notice by either party. . The question of costa in the meantime is reserved. —(P.A.)