Notice of Application for Approval of a Scheme
In the High Court of New Zealand, Rotorua Registry
CIV-2006-463-656
In the matter of the Charitable Trusts Act 1957, and in
the matter of the Estate of George Cuthbertson, late
of Opotiki, in the provincial district of Auckland,
New Zealand, settler:
Notice is hereby given that Gordon Alexander Gault, of Opotiki, retired, and Jeffery Brian Vanstone, as trustees
of the will of George Cuthbertson, late of Opotiki, in the provincial district of Auckland, New Zealand, Settler, deceased, have filed an application for approval of a scheme varying the terms of the will under which the Cuthbertson Homes (being the deceased’s residuary estate) is held in the Office of the High Court at Rotorua.
Under the will, the estate of George Cuthbertson is to be held on perpetual trusts to hold the western half of the said Lot 286 on Deposited Plan 3009 of Section 2 of the Town of Opotiki and to erect a double cottage and to hold the said land and buildings to permit the same to be used and occupied in perpetuity under the name of the Cuthbertson Homes for the use occupation and residence of widows in necessitous circumstances of good character and moral worth and of strictly abstemious habits (and definitely unable to maintain themselves by their own exertions), being not less than 50 years of age and being bona fide residents within the County of Opotiki or the Borough of Opotiki and having been so resident for a period of not less than three years next preceding the date of appointment, due consideration being given to the widows of Masons and where other circumstances and conditions are equal the widows of Masons to have preference.
Under this scheme, the trustees seek to sell the Cuthbertson Homes being the land comprised and described in certificate of title GS128/89 being Lot 3 on Deposited Plan 3301 and to pay all of the proceeds of sale and all funds held by the trust to The Opotiki Old Peoples Home Society Incorporated.
Copies of the 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 Rotorua and at the offices of McKechnie Quirke & Lewis, solicitors for the trustees, at 1108 Pukaki Street, Rotorua.
This application is set down for hearing in the High Court at Rotorua on 19 June 2007 at 9.00am.
Any person desiring to oppose the scheme is required to give notice of his or her intention to do so to the Registrar
of the High Court at Rotorua and to McKechnie Quirke
& Lewis, solicitors for the trustees, at 1108 Pukaki Street, Rotorua, and the Attorney-General not less than seven clear days before the above-mentioned date.
Dated at Rotorua this 4th day of April 2007.
S. M. KAI FONG, Counsel for the Applicant.