WIDOW CLAIMS INCREASED ANNUITY.

Manawatu Herald, Volume L, Issue 4004, 1 October 1929, Page 2

WIDOW CLAIMS INCREASED ANNUITY.

£IOOO PER. YEAR NOT SUF-

FICIENT.

Auckland, Last Night

A claim for an increase o|f annuity under the will of her husband, the late Alexander Bell, was made by Jessie Alberta Bell in the Supreme Court to-day. It was stated that the gross value of the estate was £344,500, death duties totalled £BO,OOO and testamentary expenses £IO,OOO.

Deceased was very well known, having amassed his fortune chiefly as the owner of farm property in \ arious parts of the North Island. He died in July, 1928. Plaintiff was his second wife and she married testator in 19015. In his will, testator left plaintiff £750 a year but by a codicil, this was increased to £IOOO, with a proviso that it should be reduced to £SOO in the event of the-wife’s marriage. The trustees were directed to set apart £OO,OOO for the payment of annuities, and ns, each annuitant’s interest expired, the portion of the fund producing tlie annuity was to fall into the residue of the estate, which totalled £150,444. The whole of this residue, together with accumulated income, was to go to grandchildren living ten. years after testator’s death. Thirteen grandchildren were now alive.

The plaintiff was living in a tenroomed house in Upland Bond, Eemuera, left .her ;by the testator and the house was- surrounded by four and three-quairter acres of land, the property being valued at £5500. 'ln a.u -affidavit, plaintiff said the amount allowed her under the will, was not sufficient to provide her in the way her hitsband did during his lifetime.

'Cvoss-exaipined, plaintiff said tnat her capital assets .wese valued at over' £9OOO. This sum included shaves £1075, bank shalros £132, house and land £5500, furniture £OOO, shop premises £llOO, and a motor ear valued at about £O4O.

Plaintiff said she was 40 years of age and her husband had died at the age df 84. The marriage certificate was produced, showing plaintiff’s age in 1916 as 32, but. plaintiff said it should really be 28. The application for 'an ineirease of annuity was opposed by Mir.

Johnstone on behalf of the 13

grandchildren of testator, and Mr. Richmond,, who appeared for .Mrs. Janet Taylor and Mrs. Jane Laird, daughters ,of testator. They submitted that testator had discharged all his moral obligations to his wife in leaving lier his house property, and £IO9O a year. If the •Court made any extension of the will, or a grant to plaintiff, it would create a breach under the principles of the Testators’ Family Maintenance Act. It would be a dangejrous step and beyond the authorities laid down in Australia and New Zealand.

The ease was adjourned until to day.