ANNUITY UNDER WILL

Dominion, Volume 14, Issue 138, 7 March 1921, Page 6

ANNUITY UNDER WILL

LEGATEE QUESTIONS ADEQUACY OF BEQUEST.

A decision as to the adequacy of benefits under the will of her late husband, Walter Armstrong, was asked by Elizabeth Lucy Armstrong (Mr. E. Hay), in the Supreme Court on Saturday, before His Honour the Chief . Justice (Sir Robert Stout). The trustees end executors of the estate (David Cecil Armstrong and Harold Arthur Armstrong) were represented by Mr. C. P. Skerrett, K.C.. with him Mr. C W. Neilsen. Mr. Hay stated that the applicant a husband had died on May 13, 1920, leaving. in addition to his widow, six children by a former marriage. In accordance with the terms of his will, plicant was to receive an annuity of £268. The residue of the estate was bequeathed to the deceased’s children. Counsel submitted that the testator had arranged originallv to leave his widow a lump -sum of £l5OO, but had revoked that decision in favour of the annuity. Ih« estate was valued at- about £23,000. nnd should bring in an income of £lO6O. (-ounsel urged that the applicant should receive an, annual income of not less than £4OO, together with a lump sum of £lOOO, or even more. For the trustees and executors, Mr. gkorrett stated that at present, pending settlements of divera matters, the estate could not produce its full income. Counsel considered tho requests made on behalf of the applicant were excessive. He emphasised the fact that tile mnrfiage had taken place wte'i. the testator was 66 years of age, and Die applicant 40. The case, he thought, different to' one in which a. wife had devoted a lifetime to her husband. Be admitted, however, that the present b r ‘- que’t was somewhat small, and suggested the making of D reasonahlo Increase, on condition, perhaps, that the income should cense in t'he event of Mrs. Armstrong being married again. His Honour reserved his decision.

There are 22,000 Americans who are permanent residents of Paris.