CHILDREN’S RIGHTS.

Manawatu Herald, Volume XLVII, Issue 2848, 19 February 1925, Page 3

CHILDREN’S RIGHTS.

The position of an illegitimate child in respect io ihe inheritance of the estalc of a deceased parent, or cri-iiud parent was dealt with in a reserved decision at the Wellington Supreme Court on Monday, by Ihe Chief ’ Justin (Sir Robert Sloul). The ease was that of Ge-,,l-ge Arthur Winch against the Public Trustee as administrator, the At-lorney-deaeral being joined as a pni'iv. The facts a! die case were ih,-it the estate, a small min, belonged io the grandmother. Her (laughIcr had an illigitimnle son. The dauo|;iei: died in 19<Mi and the grandmother in 1916. The grandson claimed the estate and the question atose as t" whether he could succeed under tin* Deceased Persons Administration A el, the true interpretation of section -19 of the Act. The grandmother left no legitimate issue. His Honour hold that the provisions in the Act for illegitimate children did not apply in this ease. The parties agreed on this. He must read section -19 as applying only to |(ciliiiiale children, and plaintiff 1 here fore could not succeed in this claim. Tlis Honour pointed out. however. that there were no next-of-kin in the estate and the result of his decision was Ilia! the estate would revert to the Crown. He suggested that plaintiff should be given that portion of the estate which would have gone to his mother had -he lived. Costs on the lowest scale against the estate were allowed.