NOT MENTIONED IN WILL

Manawatu Herald, Volume XLVIII, Issue 3523, 12 August 1926, Page 2

NOT MENTIONED IN WILL

aged Widow seeks relief,

Palmerston North, August 10

An application of Ellen Alary Pearce, of Auckland, the aged widow of (he In t o William B. V. Pearce, of Rangiotn, for provision for her maintenance o.ut of the estate, was heard hv Mr. Justice Reed to-day. The testator had not mentioned applicant in his will. Sir John Findlay, K.C., in opening the case, remarked that the application was being made under the Family Protection Act, 1908, and features of the case were unique in the history of the Act. The case differed from others in the wealth of the deceased husband and in that the estate was being cited, as there were no children of the marriage. At the time deceased made his will it was perfectly clear that the estate was worth between £40,000 and £50,000. Applicant Avas in very low health and Avas receiving from him £6 weekly and an income from investments of some £B4 yearly. His Honour: I am satisfied after reading the papers that this Avoman is entitled to a handsome alloAvance commensurate Avitli the size of the estate, but is there not a question of the estate being insolvent? Mr. Innes (for the trustees): Not insolvent, hut it cannot readily be converted into cash.

Sir John Findlay said that applicant had not received a penny this year and Avas living on her £B4. It was a case of urgency to save life.

His Honour: It appears to me that she should have an alloAvance of £IOOO a year.