WIDOW’S ALLOWANCE

Hokitika Guardian, 5 August 1929, Page 2

WIDOW’S ALLOWANCE

COURT GRANTS INCREASE. AUCKLAND, August 1. A substantial increase in her allowance has been granted to a widow by Mr Justice Blair in response to an application made in the Supreme Court under the Family Protection Act., 1908. Plaintiff was Letitia Harriet Parker (Mr Vallance), widow of John Parker, retired farmer, who died in Auckland last August, leaving an estate valued at over £7OOO. The application for increased allowance was opposed by Emily Dorothy Bilton', deceased's only child, and Robert N. Moody (Mr Finlay), the executors of the will. In his judgment, his Honour said that under the will the trustees were

to pay to plaintiff during her life £lO a month, the residue of the income to be paid to Emily Dorothy Bilton. The executors resisted the application on the ground of the wife’s conduct during her married life and because she made application to have her husband committed to an asylum. There was evidence that he had been subject to epileptic fits for a number of years and that his conduct became cruel toward his wife. His Honour said plaintiff was united by marriage to an epileptic, who was subject at all times to indulgence in conduct which to say the least, must have been nervewracking, if not intolerable. The fact that she took steps to end this deplorable state of affiairs could not, in his Honour’s mind be visited upon her as conduct entitling her husband entirely to disregard his obligations to her. So much the more was this the case when she took this course under medical advice. Deceased’s estate should produce at least £4OO a year Plaintiff was 65 years of age and was unable to follow an occupation, and in 'fact required some provision for attendance upon her personal needs. His Honour ordered that plaintiff should be paid during her life out of the income of the residuary estate a further sum of £l3O a year, making a total annuity of £250.