WHICH WIFE?

Hawera Star, Volume XLVIII, 29 October 1924, Page 2

WHICH WIFE?

RIVAL CLAIMANTS FOR ANNUITY NEW ZEALAND WIFE BENEFITS. The claim of a wife, deserted by lier husband for nearly 40 veal’s, to benefit under her husband’s will was disposed of by the judgment of the Court of Appeal at Wellington last week. In 1885 the testator, Fred William Collins, married Charlotte Jane Collins, the appellant, and three years later deserted her, coming to New Zealand. Here, in 1899, he married Emily Sophia Collins at Christchurch, and lived with her until the time of his death. “The question to be determined on this appeal/’ said Mr. Justice Sim, “is as to the person entitled to the annuity of £l5O bequeathed by the testator, Fred William Collins, in these terms: ‘I give to my wife during her life an annuity of one hundred and fifty pounds, free of all duties, and to be paid free of income tax by equal quarterly payments, the first whereof shall be made three calendar months after my death.’ The court has before it two claimants, namely, the appellant, Charlotte Jane Collins, and the respondent, Emily Sophia Collins.” The appellant claimed that the words “my wife” restricted the application of the will to the testator’s legal wife. The court, however, held that by the words “my wife” the testator obviously meant Emily Sophia Collins, the New Zealand wife, and the appeal would therefore be dismissed with costs on the highest scale.