DAUGHTER'S APPEAL FOR ESTATE MONEYS

Chronicle (Levin), 4 July 1947, Page 3

DAUGHTER'S APPEAL FOR ESTATE MONEYS

-Press Assocflation

Bv Telearavh-

WELLINGTON, July 3. The Court of Appeal yesterday heajrd an appeal by Phyllis Edith Cpllins, spinster, of Palmerston North, under the Family Proteetion Act 1908, against Alice Collins, widow, Colin Percy Collins, Lewis Keith Collins, and Claude Stephen Collins, as executors of the will of Edward William Isaac Collins, her father, farmer, deceased, of Palmerston North. Tliis was an appeal from an ordef by Mr. Justice Johnston in the Supreme Court at Palmerston North on February 28, 1947, in so far as the order made further provision out of the eBtate for appellant, and in so far as the order provides for the payment of appellant 's ' costs of and incidental to the action. Appellant was the only daughter of testator and claimed that she had not been granted sufficient income under the order. The Court eomprised Mr. Justice Blair, Mr. Justice Smith and Mr Justice 'Kennedy. Mr. G. Crossley appealed for appellant; Mr. A. M. Ongley for Alice Collins, widow of deceased; Mr. H. E. Cooper for Colin Percy Collins; Mr. L. Laurenson for Lewis Keith Collins; Mr. T. M. Eodgers for Claude Stephen Collins; and Mr. J. A. Ongley for Veronica Mary Gordon, a daughter by deceased 's second wife. Mr. Justice Johnston, in his ordef, directed that Alice Collins should be released from her liability to the trustees of the estate of a mortgage affiecting 567 acres 1 rood of land. His Hauora also ordered that the trustees should as soon as possible sell the mortgaged land for not less than £3000, and from the proceeds pay £2000 to Alice Collins, and £1000 to Phyllis Edith Collins, and that any surplus shduld fall into the residue of deceased 's estate. After hearing legal argument, which lasted throughout the day, the Court reserved its deeision.