AFTER ELEVEN YEARS

Waikato Times, Volume 114, Issue 19124, 8 December 1933, Page 7

AFTER ELEVEN YEARS

MONEY FROM AMERICAN ESTATE. RECEIVED IN CHRISTCHURCH. ; HISTORIC LEGAL BATTLE. 'After litigation extending over 11 years, cheques were received m Christchurch from America this week by a firm of solicitors who were acting for two New Zealand beneficiaries, and the estate of a deceased beneficiary, of a San Francisco resident who died ’in June, 1921. \ . The estate, now divided, oomprieed Irish and American properties, and the law processes involved, which have been fought in the American courts by appeals and cross-appeals, will probably prove historic In American litigation. -There are about 80 beneficiaries scattered in ihany parts of the globe. One of the New Zealand beneficiaries, who is in Christchurch, is aged 82. A brother who lives in the North Island is 73, and is an old age pensioner, and had the third beneficiary lived he would have been in the eighties.

Interesting Legal Facts. The legal facts are interesting. The testator made his will in Ireland in 1914 and died in San Francisco. He" bequeather £10,025 to various legatees and appropriated £llOO for monuments. He appointed two executors, with the provision that the residue was to go to them “in equal shares for carrying out the foregoing bequests.” But most of the legatees predeceased him, legacies to them naturally lapsing, and the deceased’s will actually disposed of only £I2OO. The situation was complicated by the fact that one of the executors predeceased |the testator, and the remaining executor, on that account, claimed the whole of the residue of the estate, which had appreciated in value through increases in the market price of securities from £IG GOS to over £26,000. f Litigation drifted on until the courts finally granted the surviving executor half the estate, and also allowed his counsel £4OOO. In 1921 a San Francisco attorney had written a Brisbane firm of solicitors, “because of their proximity tci New Zealand,” instructing them 10 get in touch with possible beneficiaries In Now Zealand. Tlio Brisbane firm sent the instructions on to the Christchurch solicitors previously referred to. The Christchurch firm got In touch with the four possible beneficiaries. One, wtio lived in Hawke’s Bay, wrote that lie had been to school witli the deceased, and had been a playmate, but, in view of the large number of relatives who would have claims on Hie estate be did not propose to establish any claim. The relationship of ttie deceased lo Hie three other possible beneficiaries was that his mother and their mother were first cousins.

Cheques for £l5O Each. So out, of this iangle and Jegat battle have come cheques to each beneficiary, and the estate or another, for approximately £l5O each. The amount- would have been well over £2OO tiad it not been for the depreciation of the American dollar against the £. The final court order was on May 10. 1932, but unfortunately time was lost in proving identities and claims, and in the meantime America went off Hie gold standard, and the dollar went on its dancing career.