In the High Court of New Zealand, Wanganui Registry
In the matter of Part III of the Charitable Trusts Act 1957, and in the matter of an application by David Alan Cairncross for consent to a scheme for variation of a charitable trust originally contained in the will of the late Richard Young, dated the 16th day of May 1978.
Notice of application for approval of a scheme under Part III of the Charitable Trusts Act 1957.
Notice is given that David Alan Cairncross, as trustee
of the will of the late Richard Young dated the 16th day of May 1978, has filed in the office of the High Court at Wanganui an application for approval of a scheme varying the terms of the will dated the 16th day of May 1978.
Under the proposed scheme, it is proposed that the trustees vary the will as follows:
1. Clause 5 of the last will and testament of the late Richard Young dated the 16th day of May 1978 shall be deleted and substituted with the following:
“5. I give and bequeath all oil paintings owned by me at my death to the Wanganui District Council in its capacity as Trustee of the Trust constituted by the will of the late Henry Sarjeant and known as the Sarjeant Trust (“the Trust”) which owns the Sargeant Gallery at Wanganui. I direct that any of such paintings that may not be deemed suitable by the Chief Executive Officer from time to time of the Wanganui District Council
or the Trustees of the Sarjeant Gallery Trust (acting in accordance with a delegated authority) for the permanent collection of the Sarjeant Gallery in accordance with the (then) current
de-accessioning policy in respect of artworks owned by the Wanganui District Council in its capacity as Trustee of the Trust may be disposed of as the Chief Executive Officer from time
to time of the Wanganui District Council or
the Trustees of the Sarjeant Gallery Trust may think fit.”
2. Clause 6 (b) of the last will and testament of the late Richard Young dated the 16th day of May 1978 shall be deleted and substituted with the following:
“(b) As to the other one (1) of such parts to the Wanganui District Council in its capacity as Trustee of the Trust to be applied for the purposes of the Trust.”
Clause 7 of the Will dated the 16th day of May 1978 shall be deleted and substituted with the following:
“6. ‘I declare that the receipt of the Chief Executive Officer of the Wanganui District Council shall be a full and sufficient discharge and money bequeathed to the Trust and my Trustees shall not be bound to see to the application thereof’.”
3. That the Wanganui District Council in its capacity as trustee of the trust shall pay reasonable costs and expenses of and incidental to the preparation, perusal (and advertising) of this scheme and the submission thereof to this Honourable Court (including the costs of the Attorney-General and any costs of solicitors acting for the trustee and any Counsel retained by the trustee) researching the existence of the Jeffery Gallery, appointment of a new trustee in respect of the estate of the late Richard Young and preparation of the documents and all matters incidental.
Copies of this scheme and the report of the Attorney-General thereon may be inspected, free of charge, at the office of the Registrar of the High Court at Wanganui or
at the offices of Treadwell Gordon, Solicitors, Suite Eight, Wicksteed Terrace (P.O. Box 4084), Wanganui.
The application has been set down for hearing in the High Court at Wellington on the 13th day of February 2006 at 10.00 a.m.
Any persons desiring to oppose the scheme are required to give notice of his or her intention to do so to the Registrar
of the High Court at Wanganui and to Treadwell Gordon, Solicitors, Suite Eight, Wicksteed Terrace (P.O. Box 4084), Wanganui, and the Attorney-General not less then seven clear days before the above-mentioned date.
Dated this 19th day of September 2005.
D. A. CAIRNCROSS, Applicant.
D. A. ROBERTSON, Solicitor for the Applicant.