ESTATE PAYMENTS

Manawatu Standard, Volume LVII, Issue 215, 11 August 1937, Page 10

ESTATE PAYMENTS

RIGHTS OF DAUGHTERS

SUPREME COURT ORDER

Seeking the determination of the question whether the interest payable to the widow under a former Court order was liable for the widow’s maintenance in hospital, and if so,' to what extent, Miss Margaret Richardson, of Christchurch, one of two daughters of Arthur May Richardson, a Shannon hotelkeeper who died in 1911, took proceedings under the Family Protection Act in the Supreme Court at Palmerston North yesterday before His Honour the Chief Justice, Sir Michael Myers, against the trustees of the esstate. Mr G. Crossley appeared for the petitioner, Mr J. P. Innes for the trustees, and Mr P. E. Baldwin was present to address the Court on the rights of the two daughters as beneficiaries.

Outlining the circumstances, Mr Crosslev said that testator was twice married, and left a will making provision for botli families.

The first was paid out of the estate, blit as regarded the second, provision was made for the interest to be paid to the wife as long as she remained* a widow, provided that she maintained and educated the children until they were of a.n age when they could care for .themselves, the trustees to be appointed the sole judges of that. Application had been made in 1930 for further provision out of the estate for the widow, and an order was made granting her £3 weekly out of the interest This arrangement was continued until 1934, when the widow had to enter an institution. By arrangement, the interest was then paid to her two daughters, aged 27 and 28, until the beginning of this year, when the trustees intimated that they could no longer sanction these payments, and a demand was made that the money I>e paid direct to the Public Trustee. T ie trustees who considered that the widow must be maintained, were content to abide by the order of the Court. She was 68 years of age and wa.s m a poor state of health. , ’ Mr Innes said it was considered tliat the rights of the widow were paramount, and must take precedence over all other claims. . , , Following a short retirement by counsel to confer, they announced that thev had reached an agreement. By consent an interim order was made, with leave reserved to all parties to apply later, that of the interest, estimated lat £156 per annum, one-third be paid to the Public Trustee on behalf of the widow, and the balance to the two daughters; costs of the proceedings to be met out of the estate.