APPEAL-COURT

Hokitika Guardian, 29 June 1933, Page 6

APPEAL-COURT

HUNTER WILL DECISION. (Par Press Association — Copyright.) WELLINGTON, June 29. 'file Appeal Court dismissed Lady Hunter’s appeal. W hen tile Court of Appeal sat for the resumption of the Hunter appeal, the courthouse was packed with spectators, a large proportion of whom was com-? prised of smartly dressed women, who displayed interest in the proceedings.

Continuing hep address Lady Hunter said that she had been living most humbly during the past twelve months. The allowance she received in the mam had been used to stave off' creditors. She maintained her family by the sale of small articles and personal effects since her husband’s death. She, repeated that she was faced with bankruptcy unless an increased allowance were given her. She had been unable to find any case in the law reports as tragic as her own.

Mr Perry for the infant daughter, said that lie supported the appeal or Lady Hunter a s the interests of the child in this matter were the same as those of her mother. He submitted that the order made ,by Air Justice Blair was not a final order, and that an increase could bo given Lady Hunter .

Sir Michael--Myers, Chief Justice, said that lie had grave doubts that the order should ever have been made. The basis ot the Court’s- jurisdiction was that the testator should-have failed in his moral duty. It seemed to him that it could not be said that Sir George Hunter had so failed us far as the child was concerned. He thought the proper procedure for her was to apply for an order under the Family Protection Act, but, so far as the widow.was concerned, the proper application should have been for the trustee to apply lor ail order-for payment out of the capital.

' Mr Cornish, counsel for the trustee, 'said that his client was quite agreeable to such an application.being made. •Indeed, that suggestion had been placed by him before Mr Justice Blair.