In re Estate of Lionel George Tamarua Browne [2010] CKHC 48; Plaint09.2007 (7 May 2010)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)
Plaint No: 9/2007

IN THE MATTER of the Estate of LIONEL GEORGE TAMARUA BROWNE, of Rarotonga
Deceased

AND

IN THE MATTER of an application by RICHARD FISHER, of Auckland, Businessman for grant of Probate
Applicant

Ms Rokoika for Applicant

JUDGMENT OF DAVID WILLIAMS CJ

[1] Mr Fisher, for good reason, wishes to be discharged as Administrator (Executor).

[2] The question has arisen as to who shall replace him.

[3] In Court on 6 May 2010 I was asked for an adjournment so that family members present could discuss the matter. Earlier helpful affidavits had been lodged by Louise Browne, one of the daughters of the late Lionel Browne and by Janette P. Browne, his widow. I willingly granted time for discussion.

[4] Later in the morning Ms Rokoika, Counsel for Mr Fisher advised that agreement had been reached. I requested that a draft order be submitted. This draft order has now been received and apart from some minor amendments is satisfactory in all respects.

[5] At my request, Louise and Janette Browne have signed a formal agreement, lodged with the Court, to serve in these roles.

[6] The Court is most grateful to Ms Rokoika for her helpful Memorandum on legal aspects, her Memorandum as to the agreed resolution, and for all her assistance in Court on 6 May 2010.

David Williams CJ

7 May 2010

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.