SUPREME COURT.

Gisborne Times, Volume VI, Issue 232, 9 October 1901, Page 2

SUPREME COURT.

TESTATORS FAMILY MAINTENANCE ACT. AN INTERESTING CASE. [by telegram mess association - .] New Plymouth, last night. At the Supremo Court to-day a case of more than usual interest was heard, being that of Mieheli against l’ookes, and brought under the Testators Family Maintenance. Act, 1900. Mr Weston appeared for the plaintiff, who is the widow of the- lute Alex. Mieheli, who was one time a resident of Stratford. Ho applied for an order that adequate allowance be made her. Mieheli went home to Austria some time since, leaving his wife in Stratford. He died in October last year, leaving property worth roughly two thousand pounds. He left an uusual will, bequeathing -John Taupera and Joseph Guclf, both one-time residents in South Tyrol (Austria), two hundred pounds each, in memory of the good times spent together in the summers of 1878-79, or, if dead, to their heirs. To his wife he left five hundred, and the residue to hie brother Dominicus. who, when last heard of, resided at Bo.yen, South Tyrol, or, if dead, to his next kin. Mr Richmond represented the beneficiaries,and Mr Fookes (Stratford), depended as trustee and executor of the j will. Ills Honor held that under the Act j he had power to remodel the will, and do what was just. lie therefore ordered the widow’s portion to bo increased to one thousand pounds, to be paid to the Public Trustee. The income to be paid to the j widow during her life, and the capital amount to go to the child at the mother’s death, or if child predeceased her before she was twenty-one, the mother to have power to appoint her heir. His Honor also ordered Taupera and Guelf’s legacies to be reduced to one hundred each, testator's brother receiving a residue of about £650. Costs of all parties to come out of the estate. The case is interesting, as it is the second under the Act, the points raised in the previous one being different, -fudge Conolly expressed the view that the case might have been dealt with in chambers.

In the divorce case, Lock against Lock, wife’s petition, for adultery, a decree nisi was granted, with custody of children.