DELICATE QUESTIONS.

Dominion, Volume 3, Issue 880, 28 July 1910, Page 4

DELICATE QUESTIONS.

•TEOPEE MAINTENANCE." "The duty cast on the Court by this Act is one of extreme difficulty, and delicacy," said Mr. Justice Edwards yesterday, to the Family Protection Act, 1908, under which the Courts have certain powers to revise a will when the testator has neglected to provide for some of his relatives. The learned Judge (who was delivering a judgment in the Court of Appeal) wenton to say that in tho discharge of the duty to which t he referred, the most careful and impartial men might well differ. "It is, in my opinion, a duty which can be far better performed by several Judges in consultation with each otter than by any singlt Judgo It would, 'I think, be very desirable that, except where the parties concerned agree to an order, as is not infrequently , tha case, every application under this Act should come before the full Bench of Judges, or at least three of them in t.he first instance." Mr. Justice Cornier also referred to the 'jfficulties of arriving at a proper decision in such cases. He recalled that he liad said in another case: "What would he an adequate provision for the wife ; of, an artisan or a labouring'man who died possessed of a comparatively small estate would be inadequate for . the wife of a prosperous tradesman or a wealthy merchant or professional man. what would be an adequate provision lot the jrife of a man who died possessed of an estate of <£20,000 would be inadequate for the .wife of a millionaire. So also what might be considered sufficient for?a..woman in the prime of life, of robust health and capable in mind and body might be insufficient for. a woman of advanced years, or in ill-health."

His Honor added that, in his opinion, it was ' impossible to" lay down, except' in very elastic terms, any general rule in such cases. Many factors had to be considered. '