8.—9

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81. During the period under review the Public Trustee, as might be expected, was frequently compelled to seek the assistance of the Court, or to appear as a party either in the interests of particular estates and beneficiaries or as representing under order of the Court different classes of beneficiaries not sui juris. It is recognized that litigation is a costly and at times a cumbersome and slow method of settling outstanding questions and disputes, and, so far as the Office is concerned, efforts are invariably made to endeavour to reach a settlement out of Court. At times, however, it becomes necessary to seek the assistance of the legal tribunals either to enforce a disputed right or claim, or to obtain directions on disputed points of difficulty. 82. Furthermore, as has been already alluded to, the services of the Public Trust Office are frequently resorted to by judges for the purpose of the Public Trustee's representing hi Court proceedings persons who by reason of infancy, absence from New Zealand, or other disability are unable to arrange for their own representation. This procedure is provided for both by statute and by the Rules of the Supreme Court. As a consequence, it not infrequently occurs that the Public Trustee, either by the Office Solicitor or his staff, or through counsel outside the Office, takes part in proceedings to which neither the Public Trust Office nor any of its beneficiaries was originally a party. The special facilities which the Department offers through its organization makes it particularly well fitted to perform the duties of this type imposed upon it. This practice has been found to be entirely convenient and satisfactory, and is being more and more frequently availed of by the Court. 83. In the following cases, among others, the Public Trustee took part in argument in the Supreme Court, either as a plaintiff or defendant, or as representing under the direction of the Court a special interest: — (1.) A testator by his will devised and bequeathed to his wife " all whatever I may possess at the time of my death absolutely but on the following conditions, namely —that in the event of her marrying again or at her death whatsoever there is left that I have left to her shall be equally divided between my children . . . ." The will was a " home-drawn " document in the testator's own handwriting. The trustees who were appointed approached the Court to have the instrument interpreted, and to decide whether the will gave the estate absolutely to the wife (on the grounds that the other provisions in the will were repugnant and ineffective or too uncertain to be effective), or whether the wife had conferred upon her merely a life interest. The Court directed the Public Trustee to represent certain infants affected. It was held, after argument, that the widow took merely a life interest: (1923, N.Z. L.R, 419). (2.) In 1890 a certain mortgagee sold certain lands belonging to his mortgagor upon default being made in payment of moneys secured by the mortgage. The lands were bought in by the mortgagee, who obtained and registered a conveyance to himself. The mortgagor, however, remained in possession and, as was afterwards proved, paid no rent for the land after the date of the sale. Long afterwards both parties died, and the Public Trustee became the personal representative of the mortgagee. The facts were to a certain extent in dispute, and the Public Trustee brought an action to recover possession of the land. The Court hold that long-continued possession by the mortgagor had given him a good title to the land, and that the claim for recovery by the mortgagee had been barred by the Statute of Limitations prior to the mortgagee's death : Public Trustee v. Wright (1923, N.Z. L.R. 505). (3.) During the continuance of the marriage between A and B, A, the husband, made a settlement of a certain fund upon himself for life, and after his death for his " wife " so long as she should remain his widow. After the death of the survivor of the settlor and his wife, or after the decease of the settlor and the second marriage of his wife, the trust funds were to go as the settlor should appoint. Subsequently the marriage between A and B was dissolved, and A married again and appointed to his second wife the capital of the trust property. A died, and the Public Trustee became executor of his will. On an application to the Supreme Court to determine the rights of the parties it was decided that by the gift of income to the " wife " of A, the first wife and not the lady who was A's wife at his death was meant; and, further, that though the gift was to settlor's wife during widowhood it yet subsisted after the divorce between her and A until her death : Public Trustee v. Mantell and Others (1923, N.Z. L.E. 1346). (4.) A testator when making his will owned and possessed — (a.) 4,650 £5 shares in the South British Insurance Company (Limited), on which £2 10s. was paid up. (b.) 2,981 £10 shares in the Standard Fire and Marine Insurance Company of New Zealand (Limited), on which £1 was paid. (c.) 885 £1 fully paid shares in the Zealandia Soap and Candle Company (Limited).