PROVISION FROM ESTATE

Chronicle (Levin), 5 April 1946, Page 4

PROVISION FROM ESTATE

-Press Association

WINDFALL FOR DRAPER'S ASSISTANT

By Telegraph—

WELLINGTON, April -4/ After a lapse of 23 years from the time of his father's death, Eoin Harvey McGruer, a draper's assistant earning £8 103 a Weex, today received £10,000 and an annuity /of- £500 from his father's estate. This was the result ci" his application made before Mr, Justice J ohnston in the Supreme Court for an order under the Family Protection Act and a private Act passed' last year — ciie John Duncan McGruer Estate Act — which .enahled such applicant in the 'fa'ce of absence of provision for appli'cant ixi his father's will. John Duncan McGruer died at Christchurch in April, 1923, 14 days after he had executed a will witnessed by a doctor: and a nurse which, contrary to a previous will, left the residuary interest in his estate *o the Presbyterian Church ahd the Salvation Army and undefined charities and 'nothing for Eoin Harvey McGruer. The estate had a net value after duties had been paid of £153,360. ' ... Applicant stated that he hafl nothihg except his own earnings as a draper's assistant. His three sisters, all older than himself, had been left an annuity of £500 each under his father's wflL Seven other persoiial legatees had benetited and two church organisations had a residuary benefit in the estate, in addition to undefined charities at the discretion of the trustees. Mr. P. C. Spratt, for applicant, said the private Act had allowed an annuity of £500 to be granted under an order 'from the -Court; and it was for the Court to say what provision should be made in respect of the past 23 years. If an annuity had been paid all thdSe years, applicant would have * received £11,500. The estate now stood at £132,000. Mr. E. P. Hay, for the trustees, said " that their atitude was neutral. Mr. H. R, C. ' Wild said the Salvation Army and the Presbyterian Church did not oppose the application. The Salvation Army had received a total of £840 as residuary income between 1926 and 1931 and a further £50.0 last year. The Presbyterian Church had not yet received anything. Mr. J. Byrne, who appeared on behalf of the Attorney-General, said he had satisfied himself that the allegations of fact in the petition to Parliament were correct. His Honour said he had no doubt that the change in testator's will had been mexplicabie, and no reason for it coula be shown by anybody, and the matter should be righted. He thought applicant should, as far as possibie, be in the same position as his sisters. An order was aecordingly made that applicant was entitled to receive an annuity of £500 as from June 19, 1945, and ttyat he receive an additiqnal tump sum of £10,000 free of duty. The costs of all parties are to be paid out of the estate.