Notice Type
Charitable Trusts
Notice of Application to Vary The Allan and Grace Kay Overseas Scholarship and The Orakau Heart Research Scholarship M. No. 1319/94 In the High Court of New Zealand, Auckland Registry Take notice that on the 1st day of February 1995 at 10.30 a.m., or as soon thereafter as counsel may be heard, the applicant will apply to the High Court at Auckland for an order approving a scheme varying the trusts known as ``The Allan and Grace Kay Overseas Scholarship'' and ``The Orakau Heart Research Scholarship'' created under the will of the late Grace Edith Meliora Kay, who died at Auckland on or about the 16th day of May 1986. The scheme provides for the deletion of the existing paragraph (b) on page 6 of the said will in relation to both the above-named trusts, (which paragraph provides that any holder of a post-graduate research scholarship awarded under the said trusts who studies out of New Zealand must first enter into a bond with the trustees, equivalent to the contemplated total scholarship funds, to return to New Zealand within 10 years of the scholarship terminating to teach or practice for at least 10 years in New Zealand) and the substitution of a new paragraph (b) which will provide that the bond entered into requires the holder of the relevant scholarship to return to New Zealand if called upon by the trustees within 5 years of termination of that scholarship to teach and/or practice or to carry out research in New Zealand for a period to be determined at the discretion of the trustees, such period in no event to be longer than 3 years or the period for which the scholarship was held if this was greater than 3 years. The scheme also provides the following alterations to the terms set out in clause 7 (e) of the said will: the deletion of the words ``the leading heart research centre'', being replaced by the words ``a leading heart research centre''; and the deletion of the words ``who is aged between 25 and 35 years old'', being replaced by the words ``who is aged between 25 and 45 years old''. The scheme proposes that all reasonable expenses relating to obtaining approval of the scheme be paid out of and be a charge upon the property affected by the scheme. A copy of the said scheme of variation may be inspected at the offices of Messrs Earl Kent, Solicitors, Fourteenth Floor, Quay Tower, corner of Customs and Albert Streets, Auckland. Any person desiring to oppose the scheme must give written notice of his or her intention to do so to the Registrar of the High Court at Auckland, to the applicant care of the above-named firm of solicitors, and to the Attorney-General, not less than 7 clear days before the 1st day of February 1995. This notice is issued by Guy Harman Wilmot Seton, solicitor for the applicant, of the firm Earl Kent, whose address for service is Fourteenth Floor, Quay Tower, corner of Customs and Albert Streets, Auckland.
Publication Date
1 Dec 1994

Notice Number

1994-ct8525

Page Number

3871