A WIDOW’S ESTATE.

Waikato Times, Volume 114, Issue 19123, 7 December 1933, Page 8

A WIDOW’S ESTATE.

PUBLIC TRUSTEE SUED. EXCLUSION OF FAMILY. An order over-riding the will oi the late Sarah Eliza Read, widow, of Hamilton, was made by Mr Justice Herdman in the Supreme Court, Hamilton, yesterday, in the case in which. Arthur Read, farmer, of Kaipara Flats, and Robert Georgj Read, sharemilker, of Te Kuiti, the surviving administrators of the estate of the late William Peter Read, retired farmer, of Hamilton, claimed £I3OB damages from the Public Trustee, or alternatively, the payment of money to that amount out of the deceased estate. •Mr L. M. Moss appeared for plaintiffs and Mr W. J. King for the Public Trustee.

The action was to determine whether a definite contract was entered into by Airs Read when an arrangement was made before he<* death by which she could occupy a ■house and receive income on onethird of the estate providing the capital reverted to the family. By her will dated December 21, 1932, Mrs Read left most of the money to friends. In giving judgment for plaintiffs, His Honour pointed out that it' was admitted by defendant that there was no need for the family arrangement to be in writing. The real question was one of fact. The family solicitor, several step-children and some independent witnesses had given deflnita evidence that the arrangement was in the nature of a trust. It was clear that a binding arrangement in the nature of a trust was entered into by the deceased widow. It was a pity that a document was not signed at the time incorporating some reference to the trust. However, in the face of such plain and definite evidence he could not come to the conclusion that a trust was not created. His Honour gave judgment for plaintiffs, making a declaration that as the Public Trustee as executor held £I3OB in trust, that he pay it to plaintiffs as administrators of the estate for distribution in equal shares to the children. Air King asked that the costs bo paid out of the money held in trust. Air Aloss contended that it would bo extremely harsh to diminish the fund from trust property in the way suggested. This morning His Honour ordered defendant to pay tlie costs according to scale.