Campbell, James Ernest and Marion
Description
Two correspondence files compiled by D.G. Smart, barrister and solicitor, Hawera concerning the estates of James and Marion Campbell of Hawera. 1940-1949
Mr James Campbell died 11 August 1939, his will bequeathed two thousand pounds in legacies and sixteen thousand pounds to his wife Marion Campbell, who died a year later 17 October 1940.
The winding up of her estate took several years due to the action by the Stamp Office in trying to establish a claim to succession duty mounting to more than £1, 000 on the gifts to the New Zealand Returned Soldiers Association and the Public of Hawera re a memorial statue.
In 1943 the Supreme Court judged that the bequest of money to construct a statue placed in a public place for the pleasure of park users can be conceived of as a charitable trust.
The Wendy Statue in King Edward Park, Hawera was commissioned in 1944 and unveiled in 1951 to honour the memory of Marion’s late husband, James Campbell, Mayor of Hawera, 1933-1939.
Object detail
Part 1
1. Letter. T. & C. Stores Ltd, grocery business seeking rental reduction and modernising of the High Street shop front. 20 Sept. 1940
2.Memo. re High Street property, details of lease agreement. 23 Sept. 1940
3. Valuation of High Street property 23 Oct. 1940
4. Letter. Rental arrears owing from T. & C. Stores Ltd. 11 Oct. 1940
5. Letter. advising probate on the will of M. Campbell granted. 7 Nov. 1940
6. Letter. Acknowledgement of beneficiaries Mr W. Burr and Miss J Burr to the will of M. Campbell. 11 Nov. 1940
7. Letter. Bequest to the RSA from the will of M. Campbell. 11 Nov. 1940
8. Letter. Robert Mortlock, garage proprietor re storage and valuation of car belonging to the estate of M. Campbell.
9. Letter. South Taranaki RSA, beneficiary of 100 pounds from the estate of M Campbell. 12 Nov. 1940
10. Letter. Eltham Boys Home, beneficiary of 100 pounds from the estate of M Campbell. 12 Nov. 1940
11. Letter. Request from New Zealand Institute for the Blind for details of the estate. 12 Nov. 1940
12. Letter. Re granting of probate. 15 Nov. 1940
13. Letter. Technical High School, Hawera. Establishment of 'The Campbell Scholarships' with 1500 pound bequest. 18 Nov. 1940
14. Letter. Re cancellation of phone account. 19 Nov. 1940
15. Letter. Reply to NZ Institute of the Blind. 19 Nov. 1940
16. Letter. Request to F J Cameron, Newton King Ltd. for valuation of Whenuakura farm belonging to the estate of J E Campbell. 20 nov. 1940
17. Letter. To Whenuakura Dairy Co. Ltd - accounts assessment. 20 Nov. 1940
18. Request for valuation of Lot 12 DP 3013 part Section 182/183 Argyll St, Hawera. 20 Nov. 1940
19. Letter. Acknoweldegement from W Burr of bequest. 18 Nov. 1940
20. Letter. Hawera Borough Council. Consent and approval with regard to the erection of a proposed memorial in King Edward Park. 20 Nov. 1940
21. Letter Acknowledgement of lodging of probate in the Supreme Court Office. 19 November 1940
22. Letter. Acknowledgement of 500 pound bequest to Makogai Lepper Station. 18 Nov. 1940
23. Letter. Succession duty (10%) to be charges to Makogai Lepper bequest. 21 Nov. 1940
24. Letter. Shareholders in Settlers Loan & Deposit Co.
25. Letter. Farmers Co-op. Society, Hawera - account for cows sold to J E Campbell's estate.
26. Letter. To E H Hodge, Urekawa Rd., - accounts of debts for the farm. 21 Nov. 1940
27. Letter. Share of J E Campbell estate in the estate of Mary Campbell dec'd. 22 Nov. 1940
28. Letter. Request to principal owing and interest due on deed of trust, Settlers Loan Co. 22 Nov. 1940
29. Letter. Hawera Star. advert re claims on estate of M Campbell. 22 Nov. 1940
30. Letter. Acknowledgement of letter. J. Burr. 20 Nov. 1940
31. Letter. To Post Office Savings Bank, Hawera re account of M Campbell. 26 Nov. 1940
32. Letter. To J A Duffill. Valuation of property on High Street. 26 Nov. 1940
33. Letter. Valuation of property by J A Duffill. 27 Nov. 1940
34. Letter. To the Minister of Finance re origins of patients in Lepper Station at Makogai. 27 Nov. 1940
35. Bill of sale. Items from the estate. by auction and to Miss Feeney. 2 Dec. 1940
36. Memo. Income and outgoings on Campbell Estate. 5 Nov. 1940
37. Letter. Statement of account for High Street property. receiver called in for T & C Stores by debenture holder Mr Burgess, Fraser & Co. 6 Dec. 1940
38. List. Accounts owing to E H Hodge, Whenuakura. 6 Dec. 1940
39. Letter. Acknowledgement of letter from Home of Compassion, Island Bay, Wellington. 11 Dec. 1940
40. Details of headstone. 18 Dec. 1940
41. Letter re Gower and Campbell Estate. 17 Dec. 1940
42. Letter. The Salvation Army re bequest to Eltham Boys' Home. 20 Nov. 1940
43. Letters (3) C D Dickie, Mokoia to inspect and value on cash basisi, farm at the end of the Urekawa Rd.
44. Letter. Copy of reply to Makogai Leppers' Trust Board from the Minister of Finance re succession duty. 19 Dec. 1940
45. Letter. To Owen Douglas Campbell re Brian and Colin Campbell's inheritance in trust account. 17 Jan. 1941
46. Letter. To Mrs Alice Burgess re the inheritances to her children. Eldest Ian overseas with the Armed Forces. 17 Jan. 1941
47. Letter. Inheritances to Agnes Mary Peffers 100 pounds 15s 5p ; Olive Bernice Laird Thomson 100p 15s 6p. 17 Jan. 1941
48. Letter. From Alice Burgess re Mary dangerously ill. 18 Jan. 1941
49. Letter. Grant & Smart reject liability by Mr Gower. 28 Jan. 1941
50. Letter and associated notes. Residuary beneficiaries - Hawera Council (3 sheets)
51. Letter. Informing of the death of Mary Jean Burgess (d. 24 Jan. 1941). 28 Jan. 1941
52. Letter. Reply to Mrs Alice Burgess re death of her daughter. 3 Feb. 1941
53. Letter. Re Turuturu-Mokai Reserve. 5 Feb. 1941
54. Letter. Estates of J E and Marion Campbell re decease of beneficiary Mary Jean Burgess. 6 Feb. 1941
55. Letter. Letter to Home of Compassion waive right to receive a sum of 25 pounds from estate of Marion Campbell. 11 Feb. 1941.
56. Letter. From Alice Burgess regarding her daughter death. 6 Feb. 1941
57. Letter. Home of Compassion waives right to share in legacy of 100 pounds. 13 Feb. 1940
58. Receipt of letter re claim on estates. New Zealand Institute for the Blind. 14 Feb. 1941
59. Waikato Depoists Ltd. waive rights to claim on estate. 17 Feb. 1941
60. Letter. To Alice Burgess enclosing cheque for 98 pounds 8s in favour of Mr Burgess. 17 Feb. 1941
61. Letter. From Ann Charles, cousin of Marion, re 100 pound bequest. 17 Feb. 1941
62. Letter. From Stamp Duties Office re payment. 24 Feb. 1941
63. Letter. Institute for the Blind, decline request to waive claim. 21 Feb. 1941
64. Letter. request for valuation of properties 36 Perches being Lot 3 on DP 12 part section 11, Town of Hawera and 1 rood and 17 perches Lots 36, 37 & 38 part section15, Town of Hawera, from Valuation Dept. 26 Feb. 1941
65. Letter. RSA waives claim to part of 100 pound legacy. 3 March 1941
66. Letters. To Superior General, Home of Compassion, RSA and Institute for the Blind waive only two thirds to 100 pound claim. 5 March 1941
67. Letter. Valuation of 219 acres 2 roods & 38 perches being Lots 1 & 2 DP 3281 part Section 2, Block 8 Carlyle Survey District, Whenuakura - owner on roll as J E Campbell (dec'd). Existing valuation dated 1 April 1938. 11 March 1941
68. Letter and reply. Stamp Duties Office. Request for details on value of farming stock or chattels. 13 March 1941
69. Letter. Payment of calculated amount of 9 pounds 10s 9p to Institute of the Blind. 15 March 1941
70. Copy of letters to Patea Harbour Board and Patea County Council re rates. 26 March 1941
71. Letter. Sale of Whenuakura Farm. Little interest due to lack of farm labour. 4 April 1941
72. Receipt of Stamp Duty. 21 April 1941
73. Letter. Miss A Feeny lived with Mr and Mrs Campbell as a paid lady-help and she helped to nurse Mr Campbell. 28 April 1941
74. Letter. From Owen D. Campbell scknowledging the waivering of claims in favour of the Burgess family. 5 May 1941
75. Letter. Valuation Dept. Deposit of fee. 14 May 1941
76. Letter. Deed of agreement with regard to the Turuturu Mokai legacy. 29 May 1941
77. Letter. request for information on the ages of Maise and Jean Burr at the date of Mrs Campbell's death. 10 June 1941
78. Letter. View that the Trustees of the J E Campbell Estate have no power to borrow to raise moneys to pay duties on the estate of Marion Campbell. 11 June 1941
79. Letter. Transfer of deeds to Bank of New Zealand, Hawera. 19 June 1941
80. Letter. Details of ages of Catherine Mary (Maise) and Sheila Jean Burr, 12 June 1941
81. Letter. Objection to paying succession duty on: Peter Pan statue or monument - charitable gift to benefit public for eductional purposes ; RSA legacy for benefit of sick, wounded or distressed soldiers. 19 June 1941
82. Letter and reply. Stamp Duty Office. Explanation of expenses from the Marion Campbell Estate and death duties paid. 20 June 1941.
83. Letter. Acknowledgement of sending certificate of Titel. 25 June 1941
84. Letter. Suggestion that payment of costs b met by the Marion Campbell Estate. 27 June 1941
85. Letter. deposit of deeds with Bank of New Zealand, Hawera. 3 July 1941
86. Letter and reply. Stamp Duties office. Date of ordering and purchase of tombstone. 23 July 1941 and 29 July 1941
87. Sale of 183 shares in the Hawera Dairy Co. Ltd. 12 Aug. 1941
88. Sale of 375 Hawera Star shares. 13 Aug. 1941
89. Public Trustee, Wanganui. probate not yet release on Marion Campbell estate. 18 August 1941
90. Stamp Duties Office. Delay in assessment of successions duty an inconvenience. 29 August 1941
91. Request for payment of debt. Charles Brown, Blacksmith, Hawera. 28 Aug. 1941
92. Letter. Payment of 100 pounds to Parish Priest, Hawera to say masses for the repose of souls of the dec'd and her late husband J E Campbell. 26 August 1941
93. Letter and reply. State Advances: re L J Williams 2nd mortgage of house property in Hawera. House to be sold. 29 Aug. 1941
94. Decision Stamp Duties Office. Gifts to Institute for the Blind, Home of Compassion and RSA are charitable gifts, exempt from gift duty.The statue or monument is not a gift for charitable purpose...will be sibject to duty. 29 Sept. 1941
95. Consultation with Mr Spratt (Wellington) on statue's succession duty. 26 Sept. 1941 (2 letters)
96. Sale of Hawera Star shares. 6 Oct. 1941
97. Opinion of Spratt (Wellington) re sucession duty - legal arguement. 15 Oct. 1941
98. Letter to Assistant Commissioner of Stamps re Commissioner to state a case for the opinion of the Supreme Court under Section 62 of the Death Duties Act 1921. 16 Oct. 1941
99. Decline offer to buy shares in Hawera Star. 21 Oct. 1941
100. Payment of rates by Stewart Mills 77 Argyle Street, Hawera. 29 Oct. 1941
101. Stamp duty sale of deceased's section and dwelling. 13 November 1941
102. Sub-mortgage details. 15 Nov. 1941
103. Documents for registration. 18 Nov. 1941
104. Stamp Duties Office. Agreement to producing Probate. 14 Nov. 1941
105. Transfer of Hawera Star shares at 1 pound per share. 15 Nov. 1941
106. Request action on the opinion of the Supreme Court. 18 Nov. 1941
107. Matters of Edward/John Brady Estate re Mrs Campbell's estate. 24 Nov. 1941
108. Re delays in hearing the case in Court. 21 Nov. 1941
109. Public Trustee. re succession duty for statue. 25 nov. 1941
110. Request to Edwin Bourke, farmer, Otakeho. Cashing up mortgage, request for viability of mortgage. 5 December 1941
111. Sale of Whenuakura farm to John Fowlie of Ohangai. 9 december 1941
112. Insurance on Whenukura Farm. 9 Dec. 1941
113. Cancellation of lime order for Whenukura farm 10 Dec. 1941
114. Request to make a copy of probate. 11 Dec. 1941
115. Cheque for 100 pounds to Miss C M Burr, Aramaho, Wanganui. 12 Dec. 1941
116. Cheque for 100 pounds to Mrs Ann Charles, Wellington. 12 Dec. 1941
117. Cheque for 100 pounds to Salvation Army for Eltham Boys' Home. 12 Dec. 1941
118. Letter giving details of Burr family addresses. 14 December 1941
119. Transfer of Mrs Hill's sub-mortgage. 3 Dec. 1941
120. Estate of John Brady Snr. Surving children. 9 Dec. 1941
121. From Norwich Union Fire Insurance, acknowledgement of sale of farm. 17 Dec. 1941
122. From Native Land Court re mortagage. 5 November 1941
Part 2
123. To Mr Hodge, Whenuakura re quantities of hay cut at Whenuakura. 14 Jan. 1942
124. Acknowledgement of letter re valuation by E. Bourke. 30 Jan. 1942
125. Letter and reply. Public Trust Office. Estate of John Brady Snr. and John Brady Jnr. Query re Mary Ann and Marion Campbell being one and the same person. 3 Feb. 1942
126. Transfer of mortgage to Miss M C Crabb. 13 Feb. 1942
127.re transfer of mortgage to Miss m c Crabb of Hawera. 13 Feb. 1942
128. Letter and replyInformation re consent of Hawera Borough to erestion of statue. 25 Feb. 1942
129. Bequest creates a charitable trust. 14 April 1942
130. Valuation for Whenuakura sent to Horner and Burns, Hawera. 13 May 1942
131. Letter and reply re estate of John Brady Snr. and Jnr. 27 May 1942
132. Request for information on bequest to Makogai Leppers Trust Board. 29 June 1942
133. Letter and reply. Missing magneto on Whenuajura farm motor. 3 July 1942
134. Summons re John Brady estates. 10 July 1942 (3)
135. Payment of account. 13 July 1942
136. Letter to Patea Police and statement from K H Hodge re theft of magneto from Whenukura Farm. 15 July 1942
137. Letters regarding John Brady estate. 16 July - 10 August 1942
138. Cheque sent to Convent of Mercy, Wellington. 250 pounds. 11 August 1942
139. Cheque sent to Roman Catholic Church, Hawera. 250 pounds. 11 August 1942
140. Cheque sent to Makogai Lepers trust. 500 pounds. 11 August 1942
141. Cheque sent to Home of Compassion. 500 pounds. 11 August 1942
142. Cheque sent to N Z Institute of the Blind. 750 pounds. 11 August 1942
143. Cheque sent to St Vincent de Paul Society, Hawera. 350 pounds. 11 August 1942
144. Cheque sent to Hawera Technical high School. 1500 pounds for scholarships. 11 August 1942
145. Cheque sent to Crippled Childrens' Society, Hawera. 500 pounds. 11 August 1942
146. Cheque sent to Roman Catholic Orphanage, Upper Hutt. 500 pounds and Maori Mission, 250 pounds. 11 August 1942
147. Cheque sent to Taranaki centre, British Empire Cancer Campaign. 1000 pounds. 11 August 1942
148. Letter and reply re sale of "in calf' cow from Whenukura Farm. 21 August 1942
149. Probate still withheld re succession duty on bequest to Hawera Borough. 2 September 1942
150. Advice on case re Brady estates and Marion Campbell estate. 17 Sept. 1942
151. Advice on case re stamp duties. 23 Nov. 1942
152. Cheque for distribution to the estate of Marion Campbell. 4 Dec. 1942
153. Note advising the court case delayed until next year. 7 Dec. 1942
154. Acknowledgement of costs paid by Public Trust. 14 Dec. 1942
155. Cheque for distribution to the estate of Marion Campbell. 12 Feb. 1943
156. To Home of Compassion payment of 1400 pounds. Includes explanation of the time taken to wind up the estate. 18 feb. 1943
157. Confirmation of hearing before the Hon. Justice Johnston. 26 Feb. 1943
158. Details of income into the M Campbell estate. 5 March 1943 and Annual statement as at 30 March 1943
159. Written judgement from case, includes judgement that the bequest of money to construct a statue placed in a public place for the pleasure of park users can be conceived of as a charitable trust. 9 March 1943
160. Assessment of land tax on Whenukura land and reply from Smart. 19 May 1943
161. Re discharge of mortgage Catterton to Blattler. 30 June 1943
162. Letter to Asst. Commissioner of Stamps, New Plymouth asking for expediency re completion of certification. 13 July 1943
163. Details of certification and an assessment and statement from Asst. Commissioner of Stamps, New Plymouth 23 July 1943
164. Cheques for 550 pounds to Home of Compassion, New Zealand RSA, Institute for the Blind. 1 Sept. 1943
165. Refund of 50 pounds succession duty paid on the legacy to Makogai Lepper Trust Board. 5 August 1943
166. Documents re outstanding repayments of mortgage. 18 Oct. 1944
167. Cheques for 400 pounds to Home of Compassion, New Zealand RSA, Institute for the Blind. 8 May 1947
168. Acknowledgements Home of Compassion and Institute for the Blind. May 1947
169. Letters to beneficiaries; Home of Compassion, New Zealand RSA, Institute, re final distribution from the estates of J E and M Campbell. 29 Oct. 1948
170. Acknowledgement that residuary legatees have received notification. Nov. 1948
171. To RSA re outstanding mortgages. 10 Dec. 1948
172. RSA final payment and Deed of Release. July-Sept. 1949
173. Institute for the Blind final payment and Deed of Release. Aug. 1949
174. Home of Compassion final payment and Deed of Release. Sept. 1949
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