MORAL DUTY UNFULFILLED.

Manawatu Herald, Volume L, Issue 3938, 4 May 1929, Page 3

MORAL DUTY UNFULFILLED.

INSUFFICIENT PROVISION FOR WIDOW. Auckland, May 3. , s 'Considered by Mr. Justice Blair to have been allowed an insufficient sum under the will of her husband, Annie Skene had her annuity under the will raised from £lB2 to £3OO in the Supreme Court to-day. . The Judge further oi’dered that Mrs. Skene should be paid a lump sum of £250 for her-, present requirements.

The allowance for Mrs Skene was described by Mr. Richmond, who conducted the claim against the Public Trustee, as “unjust and showing want of recognition of rno'ral duty.” The assets of the estate at the death of Allan Skene on January 28 were £9385 19s 8d and the liabilities £54 10s. “The manner in which testator has dealt with his wife is highly unjust,” Mr. Richmond said. “One can only call it that. Mrs. Skene has been left practically -penniless. In asking that the annuity should be increased to £3OO a iarge amount is not being asked for. A lump sum of £250 is also claimed for Mrs. Skene’s immediate needs.” “I am bound to say there is a good deal of justice in my friend’s contentions,” said Mr. Johnstone, representing the Public Trustee and other beneficiaries under the will. “It is conceded that deceased had a -moral duty to perform, and we do not think it unreasonable that a sufficient suini should he allowed to Mrs. Skene. The charities represented in the United Kingdomsome of them are as far away as Aberdeen- —to which money has been left would probably not put forward any strenuous opposition to some amount being paid to the widow.”

The Judge agreed it appeared -that deceased had not fulfilled his moral duty to -the person most entitled to consideration. In making a new annuity payable from the date of death lie said the will would stand in all other respects.