LAW REPORTS.

Dominion, Volume 4, Issue 1089, 30 March 1911, Page 3

LAW REPORTS.

4 SUPREME COURT. DISINHERITED CHILDREN. UNUSUAL CASE. ' Children disinherited, was tho general result of a rather important decision given in the Kuprsino Court yesterday by ' Jlr. Justice Chapman. It was an originating summons case concerning tho estate of Elizabeth Green, deceased. The'parties to the action were: Louisa Margaret I'almer, married woman; Margaret Louisa Jane Taylor, married woman; Emma Christina Walter, married woman; and Henry Francis Grceh, hairdresser; all of- 'Wellington, children of tho late- Elizabeth Green (plaintiffs) and Reginald Herbert Webb, solicitor, and Charles John Munn, executor of the estate (defendants). These four children of deceased claimed to be entitled to an order under the Family Protection Act, making provision for them, or for some of them, out of the estate, upon tho grounds that testator died leaving a will dated July 20, 1910, without niakipg adequate provision for their proper maintenance and support. It was stated on their behalf at the hearing of tho case, that, on or aboi I November 13, 1906, deceased had made a will, whereby she left everything to them in equal shares, subject to a life interest, to her own sister, Sarah Bailey. But, under a subsequent will, made on October G, 1910, Miss Uailey got everything. The estate was worth .something like .£930. There were six children, four of whom were the- plaintiffs, whilst ono giivo evidence. for defendants. Three of the children were married women, their husbands being casual labourers. One of tho plaintiffs, Henry Francis Green, was unable to carry on work as a hairdresser, owing to his physical condition. Another plaintiff had only one leg. His Honour stated that he dismissed without difficulty the claims . of, Mrs. i'almer and Mrs. Taylor. They' were women in good health, and married to able-bodied men. The Court did not think that they ought to have put forward their claims, and, as they had put tho estate to unnecessary cost, they would be ordered to pay .£lO 10s. costs to tho executors. The two remaining claims must be treated as claims over which the Court had certain discretionary authority given by the Act, and his Honour proposed to deal with them on that footing. First, as to Henry Francis Green, who was a barber, now out of work, his Honour thought that this claimant had made out his case. There was a mass of evidence, but it all camo to this: Dr. Izard has satisfied the Court that this man (H. P. Green) was suffering from a disease which had hitherto been regarded as . virtually incurable.; It was probable that ho had received it as an hereditary disease. That it greatly reduced his power of earning a living was made out by unbiased evidence. Tho Court, however, could not do-more'than order him "some slight assistance. AVero the Court to do more, it would greatly reduce the estate available for the maintenance of the residuary legatee. -His Honour thought that a-proper allowance to make in his favour was ss. per week, and this would bo charged upon the estate until the executors could make, some proposal for exonerating it, .or any part of it. This order would run from the date .of tho judgment, or such earlier date as ho (Green) ceased to reside with the residuary legatee.' The money would bs payable quarterly. "I make this reservation," his Honour added. "Dr. Izard admits that there is now, in. the experimental stages, what is claimed to be a cure for the disease from which this man suffers. If it comes to be used in New Zealand, and is found applicable to such a case as this, aiul, if H; F. Green refuses to go to the hospital. to have it tried, an application may he made to a Judge of this Court to vary this order." Referring to the case of Mrs.- Walker, his' Honour said that he found that her .husband was a labourer earning small wages.' She had a child, and when she (Mrs. Walker) was 11' years old she, had had one leg amputated by. reason, it was thought, of her having the same disease as her brother;-.' His Honour though that Mrs. Walker's was a case for which the testatrix ought to have made some nro■vision. The Court could not do much for her, but his Honour thought, that she would be materially assisted by tho payment of, a sum of ,£59, which ho ordered tho executors to pay her. As the raising of this sum might take some time, twelve months from date would bo allowed in which to pay it. The executors would bo at liberty to pay it in whole ov in part, and sooner if they thought fit. No doubt'these payments would seriously trench the residuary fund, but the Court was, influenced by tho circumstance that the residuary legatee had no dependants, and that it was open to her to invest part of the fund in an annuity, which, at her advanced age, would give her enough to live upon. Should ,it be .desired to liberate part of the fund for this trarpose, this .might form the subject of an application to a Judge. . His Honour reserved liberty to apply generally. The Court was not able, he added, to relieve either the successful claimants or tho residuary legatee of the whole of the costs, but the executors would bo directed to pay to the claimants tho sum of .£lO 10s. and Court fees by way of costs. At the hearing, Mr. Geo. Tooirood apneared for the plaintiffs, Mr. D. SI. Findlav for the defendants, and Mr. E. H. Webb for the, executors of the estate.