PROVISION SOUGHT

Gisborne Herald, Volume LXXIV, Issue 22341, 28 May 1947, Page 2

PROVISION SOUGHT

FAMILY APPLICATION DISTRIBUTION OF ESTATE In the Supreme Court, Gisborne, before Mr. Justice Fair, recently an application under the Family Protection Act was heard in respect of the estate of Sarah Catherine Morrow, late of Patutahi, widow, who died in May, 1946, leaving an estate valued for death duty at £4047 and leaving a will under which the income was left to her sons, Alfred Morrow and Bernard Morrow, during Bernard’s lifetime and after his death the capital of the estate equally between her sons, Alfred Morrow and Agncw Morrow. The plaintiffs, who were represented by Mr. K. A. Woodward, were the deceased’s children, Elizabeth Hills, Ngatapa, John Morrow, Gisborne, Ella Breingan, Gisborne, Lindsay Ilenretty Morrow, Petone, and Ivan Valentine Morrow, Gisborne, and the first defendants, for whom Mr. F. W. Nolan appeared in person, were Frank Wrey Nolan and James Gould Nolan, Gisborne, solicitors, the executors and trustees of the estate. The second defendants were Alfred James Morrow, Auckland, and Agnew Redvers Morrow, Gisborne. (Mr. L. T. Burnard). The third defendant was Albert Morrow, Auckland (Mr. A. P. Blair), and the fourth defendant, Bernard Henry Morrow, Patutahi (Mr. W. Kohn). The plaintiffs, who had each been left only £lO under the will of the deceased. sought further provision from the estate and alleged that each of them had contributed to the deceased’s estate by work done on the property without wages and by general assistance to the deceased and her late husband in the farming operations. The evidence of the case was presented by lengthy affidavits and during the course of the hearing His Honour heard submissions by the various counsel engaged. At the conclusion of the. hearing His Honour reserved his decision but indicated that he proposed to make further provision for the plaintiffs in accordance with the contributions they had ■made to the estate by their work and services and also by their financial need at the date of the testator’s death. He also stated that in accordance with the wishes of all parties, suitable provision would first be made for the son Bernard Morrow. His Honour intimated that his decision, embodying these points and other matters relevant to the application, would be given in due course.