John Donald Macfarlane Estate Administration Empowering Act 1918

John Donald Macfarlane Estate Administration Empowering Act 1918

Private Act1918 No 1
Date of assent29 November 1918

An Act to authorize the High Court during the Life of John Donald Macfarlane, a Mental Patient found lunatic on Inquisition, now an Inmate of the Ashburn Hall Private Mental Hospital, Dunedin, Otago, to grant Administration of his Estate as if he were dead on the Date of the coming into Operation of this Act, so as to bring his Will into Immediate Operation, and to make Provision out of his Estate for his Maintenance and Comfort during the Remainder of his Natural Life, and also for the Payment of the Expenses of this Act, and also to provide that for all Purposes of such Administration and of the Distribution of his Estate all his Six Children shall be deemed to be alive on the said Date.

  • Preamble

    WHEREAS John Donald Macfarlane, of Hawkswood, Amuri, Canterbury, in the Dominion of New Zealand, sheep-farmer, now a mental patient in the Ashburn Hall Private Mental Hospital, near the City of Dunedin, Otago, in the said Dominion, was on the twenty-fourth day of March, eighteen hundred and ninety-six, on inquisition by the High Court of New Zealand found mentally defective person: And whereas since the twenty-eighth day of November, nineteen hundred and two, the said John Donald Macfarlane has been continuously an inmate as a mental patient of the said Ashburn Hall Mental Hospital, and there is now no prospect or reasonable hope of his recovery of mental health and power: And whereas the said John Donald Macfarlane is the owner in fee-simple of the Hawkswood Sheep-station, a property situate in the Amuri district aforesaid, and comprising twenty thousand nine hundred and twenty-two acres, or thereabouts, together with the sheep and other stock and plant now being thereon, and also of certain moneys invested in war bonds, moneys in the bank, and other assets, amounting in all to a capital unencumbered value of one hundred and seventy-three thousand five hundred and ninety-four dollars, or thereabouts: And whereas the said John Donald Macfarlane is married, and his wife, Margaret Hart Macfarlane, is now alive and resides at Hawkswood aforesaid: And whereas the said John Donald Macfarlane by his said wife has had six children, and no more—namely, four sons, John Frederic Macfarlane, aged thirty-three years; Hugh Miller Macfarlane, aged thirty-two years; Douglas Grahame Macfarlane, aged thirty years; and Walter Angus Macfarlane, aged twenty-four years; and two daughters, Florence Agnes Macfarlane, aged thirty-six years, and Ann Ruth Macfarlane, aged twenty-six years—all of whom are now living, and three of whom—namely, Hugh Miller Macfarlane, Douglas Grahame Macfarlane, and Walter Angus Macfarlane—are now absent from New Zealand on active service in His Majesty's New Zealand Expeditionary Force: And whereas the said John Donald Macfarlane while he was of sound mind—namely, on the twenty-seventh day of April, eighteen hundred and ninety-three—duly made his last will and testament, and thereby made provision for his wife and family: And whereas there is no prospect of the said John Donald Macfarlane ever again recovering any testamentary capacity: And whereas the executors named in his said will—namely, Walter Macfarlane, of Kaiwarra, Amuri aforesaid, sheep-farmer, and Edmond George Staveley, of Christchurch, company-manager—are both now dead: And whereas the longer retention of so large an estate of land in one holding is against public interest, retards closer settlement, and militates against the most beneficial use of such land: And whereas during the incapacity of the said John Donald Macfarlane and while the title of the said land remains in his name the said land cannot conveniently be sold or be divided amongst the children of the said John Donald Macfarlane, and the same as one holding is subject to an extremely heavy burden of taxation: And whereas the setting-aside and investment of a sum of eighteen thousand dollars would produce an ample income for the maintenance and comfort of the said John Donald Macfarlane as a mental patient in Ashburn Hall or in any other mental hospital: And whereas both in the public interest and in the interest of the family of the said John Donald Macfarlane it is expedient that provision be made to authorize the High Court, during the life of the said John Donald Macfarlane, to grant administration of his estate as if he had died on the date of the coming into operation of this Act, and so to bring his will into immediate effect and operation on such date, and to provide that all of his six children shall be deemed to have been alive on such date and to have survived their father, the said John Donald Macfarlane, and to make special provision out of his estate as a first charge thereon for the maintenance and comfort of the said John Donald Macfarlane during the remainder of his natural life, and also to make provision out of such estate for the payment of all costs and expenses of and attending the promotion and passing of this Act: And whereas the objects of this Act are not attainable otherwise than by legislation:

    The words High Court were substituted, as from 1 April 1980, for the words Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

    The words mentally defective person was substituted, as from 1 March 1912, from the word lunatic pursuant to section 134 of the Mental Health Act 1911 (1911 No 6). Those words were in turn substituted, as from 1 April 1970, by the words mentally disordered persons pursuant to section 129(4) of the Mental Health Act 1969 (1969 No 16).

    The words one hundred and seventy-three thousand five hundred and ninety-four dollars and eighteen thousand dollars were substituted, as from 10 July 1967, for the words eighty-six thousand seven hundred and ninety-seven pounds and nine thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—