MURDERED MAN’S WILL.

Lyttelton Times, Volume CXV, Issue 16487, 28 February 1914, Page 13

MURDERED MAN’S WILL.

AN UNUSUAL CASE. CLAIM. UNDER. FAMILY PROTHC- , - TION ACT... [Pf.r Press' Association.] "WELLINGTON, February 27. A claim inulor the Family Protection ’ Act was hoard in the Supremo Court to-day before the Chief Justice. Elizabeth Mabel Murphy prayed for relief for tier children out of the estate of John Pollard Snook. The deceased, Snook, is supposed to havo been murdered in the Transvaal some years ago, by a gang of robbers, while following the occupation of goldminer. Under his will bis' mother, seventy-three years ol age, was made the sole beneficiary, the estate producing £3lO. the proceeds of a life, insurance policy. Sir John Findlay said Mrs Murphy, formerly Airs Snook, had had a very unhappy married life, and in .1901 obtained a divorce from her husband on the grounds of misconduct. For some time before the proceedings,in divorce wore brought Airs Alurphy practically 'maintained" her husband., herself and children, and in 1890 she insured her life and induced her husband to insure his. During the years intervening sho paid all the premiums and kept the policies alive. After the divorce her husband disappeared, and went to South Africa. Since that time lie never contributed a farthing, to tlie maintenance of the family of two children. The girl, aged sixteen years, was dependent upon the charity of an orphanage; the son, aged twenty, was willing to forego any claim ho might have on the estate, that his portion might go to increase onv benefit his sister might receive. Evidence on' affidavit "disclosed -the fact- tlmt Mm Alurphy had been thrice marpied. After divorcing Snook she married a man named Fuller, and on the. latter's death she married a. man named Miirphy, with whom she was not now living. In his decision his Honor said that in-his opinion there should be some allowance made to the girl. The son, however, should now be quite capable of earning his own living. The person avlio had l>eon most Twongcd' was .!Mrs Alurphy, but unfortunately he had no power to give her any assistance. She ‘jiad boon groviotisly wronizod l>y tho deceased testator. He could not allow the whole of the estate to go to illo deceased’s mother. His Honor made an order directing that £IOO of the estate should be devoted to the benefit of the girl, and that the remainder should be paid to the mother of the deceased. -