CLAIM FAILS

Hokitika Guardian, 7 May 1929, Page 6

CLAIM FAILS

JUDGE’S STRONG COMMENTS. HAMILTON, May 4. “It is certainly not common for a man to marry a rich woman in New Zealand , and expect her to keep him in idleness,” says Mr Justice Blair in a written judgment, refusing an application hy Alfred Jones, billiard saloon proprietor, of Hamilton, to be made a beneficiary under lus late wife’s .will. “Such cases have occurred, but are rare A man content to accept this unenviable position loses caste among his fellows. Although liefore the passing of the Married Woman’s Property Act. a husband became entitled, to his wife's estate when lie honoured her by taking her in marriage, this doctrine has received such, a severe handling b.'tli by legislation and the trend of modern ideas, that it is :doubtful if marriage by a poor man to a rich woman now gives him any moral claims on her purse. A man with any pride in his manhood would scorn o advance such a claim.” The applicant married Catherine Mildred Cummings in 1920, she being a spinster, aged 43. The applicant was a widower with seven children and the whole burden of supporting him and bringing up the ■ younger members of the family was left by plaintiff to his wife. Plaintiff procured from his wife advances of very large sums which he put into property in his name. Deceased divided her estate equally between four brothers and three sisters, each approximately getting £IOOO, except in the case of one brother. The rest of the family were left no better off than plaintiff. “The husband if he likes can work. He has years of work before him.” concluded the Judge in dismissing the application with costs.