FRAUDULENT DEED.

Waikato Times, Volume 119, Issue 19945, 23 July 1936, Page 8

FRAUDULENT DEED.

__.._.,_.._._ SET ASIDE BY JUDGE. PLAN BY TWO BROTHERS. AVOIDING MAINTENANCE. (By Telegrann‘l-rnss \suwkitlnn.) AUCKLAND, Thursday. A deed of assignment between two brothers. Alfred \\‘illiuin .\laxwell and ltny Maxwell, was set, aside as fraudu—lent and void under a statute of Eliza—hrth in the Supreme Court to-day by Mr Justice Llallun in a reserved judgment in the action brought by Alice .\lachll. wife of [my .\luxwifll, to set aside the deed as fraudulent. Roy Maxwell purported to assign to his brother this one—third share, amounting to £6OO in the estates of his lather and mother, the father having died in 1925. The wife alleged that the purpose of the assignment was to avoid payment to her of maintenance under an order of the Court. “ My impression after watching and listening to them (the two brothers) is that. each of them possesses a com sidernifle- amount of cunning,“ said His Honour. “ Leisurely consideration satisfies me that the deed is not honn flde but that the arrangement between the brothers \\'as a mere cloak retain—ing the benefit to Roy 01' his share in the estates freed from the liability of his wife's payments. lam satisfied the I deed was an attempt to conceal the fraud." The Judge added that he did not believe anyone else \\‘as a party to the fraud. ——_