A DOCTOR'S WIFE

Hokitika Guardian, 10 March 1921, Page 1

A DOCTOR'S WIFE

CLAIM FOR £2.600. ESTATE OF THE LATE DR JAMES. WELLINGTON, Marcn 5 In tlie Supreme Court yesterday the thief Justice heard a claim by Alt's J. .McLean James, widow of the late Dr .lames, of Sydney street, against the executor of Dr James’s estate (Mr R. W. McYilly). Mrs James claimed that under a deed of separation executed in 1900 Dr James undertook to pay her an annuity of £3OO, and also that a sum of £llOO would he paid her within three months of his death. She claimed annuities over a period of five years, the lump sum of £11(10, and interest. „ Tbc defendant said that as Air McVilly was an executor lie required plaintiff to prove her claim. Under the will the residue of the estate was to go to deceased’s daughter, and -Mrs James’s claim covered practically the whole of the residue.

Mr M. F. Luckie represented plain tiff', and Mr 11. E. Evans was counsel for defendant. 1)11) NOT KNOW 1)R JAMES HAD A WIFE.

A lot of matter that His Honour considered irrelevant was introduced, and at length His Honour observed; —

“The two quesions are: <J) That of the existence of the deed—(hero the deed is)—and (.2) were the amounts paid?” The attitude that Mr McYilly had taken up—that he was an executor and plaint ill' must prove her claim—wa quite a proper attitiule.

In the course of her evidence Mrs James said that she had resided in Auckland for a time. The annuity had been paid for some years after the drawing of the deed, but then had ceased and no explanation had been given. When she had first approached -Mr McYilly he had said he had known Dr James for many years, and had not known he had a wife. Afterwards she had been identified to Mr McYilly as the wife of Dr James. POSITION OF THE DAUGHTER. .Mr Evans suggested that the case should be adjourned so that Miss James, who was in England, could he communicated with. His Honour said there was no defence to the action except a denial that the money was due. There appeared to he a credit of £2400, and the claim totalled £2600. . Air Evans remarked that ii the mother’s claim was allowed the daughter would gut nothing. His Honour: Unless the mother allows her something.

Mr Luckie said the mother proposed to make provision for the daughter. His Honour entered judgment for plaintiff for the amounts of £ISOO and £llOO, and said lie would hold over execution for five months to give time for the mother and the daughter to get into communication and sec what terms could be made. Meantime Airs James, who has a free house ,is to be provided for at tlie rate of €IOO per annum out of the interest coming into the estate.