LAW REPORTS.

Dominion, Volume 3, Issue 803, 28 April 1910, Page 4

LAW REPORTS.

UNUSUAL WILL,

" PETITION*TO VARY* ITS T6RMS. ' WIDOW'S POSITION. i [widow sought to obtain, amendment' of.-.tiie. .will, of .'her.', husband by- applying to tho Supremo Court yesta;4,ayi ...Thd case was heard by Mr. Justice Cooper. Th6j plaintiff- .was , -.Mary • Jane .VJ-011, widow of tho .late Samson.- Treliving J011,.0f. Karori : , ( Tho.defendant, wa£ the jPulilic Trustee. In an ' originating' summons, Mrs. Joll. petitioned, under, the Family Pro;teptipn.,Aot, for.an order, Court ,in the.-following terms:'.- : ' 'v,.. .. ..

; !That tlie 'estate!"of"her late hus-;. . bind,' with ■ tlio "exception of- the'. cottage and- land, now occupied by. ! her, be sold as soon' as'this could' reasonably bo :dono;-that the-Pub-. lie Trustee, as executor, bo '.or- : dcred-. to permit her .to live in the .hpuse now by her free of. all charge, , provided that sho. paid • . rates and .taxes; -that, the, moneys' obtained' from the sale' or realisa-:'

tion of the estate,'after payment v of the amount duo on mortgage, be retained by tho Public Trustee for her support and that tho Public Trustee; bo ordered to pay out of tho: estato the sum of £100 annually to her, in such manner- as - the ' might '' direct, this'annual payment to comraenco from .the datQ of .her husband's death; '"V-V -.'.v:-

;jlr. A... Fair appeared for Mi;s.. Joll, and, Mr. D. M. Findlay for Mrs. Stackhouse, , one. of . the . bencflciaires. ; . under tho;wilL , Mr. Fair, stated that "Mrs. Joll was an ; aged wpmari, and was. deaf and blind.' All her 'late' husband's pro-pert-y;.,;:had-,,b<sn-:given to..him,';by,.his wife."' At' present' she had' only 205.. per week, and in her old ago sho required somebody,, to. attend her. The property was worth* about £900: about £400 had been' distributed in legacies to; .relativesj' and ': the .rest 'kid . been ••giyen vtofi an' absolute' stranger.;- . ; His--.Honour, remarked- that-'-it .was imost 'uniisuali for. a man • to. give his money, to an stranger, and •leavo' his : widow*' unprovided "for."

. Mr.' Findlay said!' that, if • tho will were -left" as it'now .'read, it, was ' extremely 1 doubtful • whether Mrs.Joll " receite?.*'anythmg' at .all.- .'The : total- balance ;of ;the estate, was riot more than £900. " This . amount' wasBy the' Govofntaent' valnatioil of' J property at : Karori, but it was : ve'ry:; ; : 'unlikely '. that -realisation -would'; produce v that 'sum. -The --land ; -.-com- : .>'• prised ' - two '< ycres' " at -7 arid 'there' Was- no • income -':for>/the . widow from the :land at.present:.'':« As. tho land was: situated: in an unattrac-. tive, and' daihp locality, it ;m /doubtful,-in the present- stagnation «f tile: market/whether it co'uld'ba sold . profitably. ... . .His - Honour pointed out that Mrs.' ,: ' : J<(>ll .was- receiving .'nothing,,' at all out : . of her ' husband's" estate. .Her only ■ income . was £65 - a year, which was surely insufficient." ■ ■ ; after'/again/referring' to' ■ the' prospects' of' realisation, : '.suggested : ~that',,,Mrs. Joll , slisujd. ; be allowed ..jt-o-;-lirii; in:: the'house; 'arid take'the ihcoiiei : of the whole': estate./ -during her , life.: .: - That would protect'her without " ing. the : . whole-'effect of -: the wlll. ; : , , : : His:/Honour osaid. tjiat,-as there was - no ■, incomo, the -estate, -there was littlo use iiv givmg'.'Mrs', Joll a 'life-in-, ~ tprestvat present. . He, would order, that: live j.ent : free . in at/Karori; or th'at, if tho house ■ was let, tho Public Trustee should paj "tljo: rent-to her. " • >His-vHttriour ; : out all. of 'co^te' ; :wbuld"bo-,Te-: , eervcid.- imtil 'another:; application" -was; ■/ madeior a further ordfe'r'under the summons. ■ , ■ ,

TRANSACTION IN CORKSAil ."appeal of, Mr.- W.... G.; .Ejddell v S.M., .delivered in. "the Migistrato's'Ooiirt, "was heard;iii Banco yesterday by Mr. "Justice Cooper. The cdse was, that'of the. Panneyirjie,Cordial Factory, Edward' P.' ;:-Brbgaii^aerated water manufacturer, of Dannevirke,. and. Willia,m H. "Dawson, ; ro'edical practitioner; of ■ Darmevirke, v. . Bernard: Hall, .commercial--, agent,' of Wellington, as. assignee of Messrs. H. .: 6. Anderson'--and - &.v:i indent agents, of- Wellington.,.- ' ■;.■■■■-; - ; Mr; D. M. Fmdlay appeared for the Dannevirke Cordial . Factory, i.and. -Mr. .G. Toogood for Hall. • The,claim in the Magistrate's Court, had been for ,damages in respect- of .an 'alleged breach' of contract'- niv.tlie part, of .the cordi'al.rfsctbry ;■ to "purchase corks. The magistrate gave judgment ' for this plairitijf;' i ,'Ha)l, ! for- the "sum ,of f £18. 9s. 3d/ ' damages, and '£3 ■ 10s. : costs;''". The.' cordial*;faetoryv' now' ap 7 ?.;pealed from this judgment on • the " ground;: that the" decision, was wrong Tn law. "r.'.' .. - Hisßonour.heard counsel's argument, 'find reservedjudgmeriti'>■'•' i.:.' .-'