In the matter of Part III of the Charitable Trusts Act 1957, and in the matter of an application to approve the scheme relating to a charitable trust contained in the will of the late Yvonne Aileen Leah Carr:
In the will of Yvonne Aileen Leah Carr, who died on the 22nd day of March 1992, clause 35 (b) left the sum of two hundred thousand dollars ($200,000.00) to the Alcoholism Trust Board Auckland for general purposes.
That body had ceased to operate in 1992 and since that time has been struck off the Register.
It is proposed that clause 35 (b) of the will be deleted and substituted with the following:
"As to the sum of two hundred thousand dollars ($200,000.00) (which shall be known as the Ted and Mollie Carr Alcoholism Trust Fund) I direct my trustees to hold the same in perpetuity for and towards the charitable purposes hereinafter appearing:
(i) To pay and apply the income arising therefrom or the appropriate portion thereof in perpetuity for
and towards the needs of and the rehabilitation of persons suffering from alcoholism living in and about greater Auckland and its environs in such manner as my trustees may in their absolute discretion determine and I empower my trustees
to divide pay and apply such income in such proportions as they shall from time to time think
fit to or among such charitable institutions organisations and bodies as shall be in the opinion
of my trustees be engaged in carrying out the foregoing purposes or any of them;
(ii) I direct that any income which shall not have
been applied in any year shall be accumulated and
I empower my trustees in any subsequent year to have recourse to such unexpended income."
All reasonable costs and expenses of and incidental to the preparation, perusal and advertising of the scheme and
the submission thereof to the Attorney-General and to
this Honourable Court (including the costs of the
Attorney-General and any costs of solicitors acting for
the trustee and counsel retained by them or either of them) shall be paid out of the trust estate.
The application shall be heard in the High Court at Auckland on the 6th day of November 2002.
Any person desiring to oppose this scheme should give written notice of his or her intention to do so to the Registrar of the High Court, P.O. Box 60, Auckland, and to the trustees of the trusts established under the will of Yvonne Aileen Leah Carr, being the Guardian Trust Company Limited, Private Bag 28-913, Remuera, Auckland, and to the Attorney-General, care of Margaret Soper, P.O. Box 5012, Wellington, not less than seven clear days before that date.
This notice is inserted by:
W. BUTTERWORTH, of McMahon Butterworth, Solicitors, Level Two, Citibank Centre, 23 Customs Street, Auckland. Telephone: (09) 302 2766. Facsimile: (09) 302 2767.