WIDOW’S APPLICATION

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

WIDOW’S APPLICATION

FAMILY PROTECTION ACT. INCOME FROM ESTATE. Application for further provision out of fhe estate of her late husband, William Matthew Tapp, of Palmerston North, was made under the Family Protection Act in the Supreme Court yesterday, before His Honour the Chief Justice, Sir Michael Myers, by testator’s widow, Mrs Annie Day Tapp', the defendant being the Public Trustee, .for whom Mr G. H. Lusk appeared. Mr M. 11. Oram represented petitioner, and Mr J. M. Gordon was present on behalf of the other beneficiaries in the estate.

Outlining the circumstances, Mr Oram stated that testator died on May 10, 1936, leaving an estate valued at £6604 Is Bd, which was producing a net income of £2OO. Provision was made for his widow to receive £3 a week and the free use of a house. Counsel said that deceased had been a semi-invalid -all his life and, for five years after his marriage to Mrs Tapp, she had wholly maintained him, engaging in nursing, needlework, etc., until he obtained a position as secretary of the New Zealand Jersey Breeders’ Association. She sold property in Auckland, withdrew money from the hank and- found £750 for the purchase of a home in Palmerston North. Deceased’s income rose from £l5O per annum to £6OO per annum. It was undisputed that during the whole of their married , life his wife had devoted herself to giving him her care and attention —so much so that for nine years she did not loave her home in Palmerston North for a holiday. Fearing that at any time he might become a confirmed invalid, and his source,of income might be cut off, she had lived very economically and saved hard. She had capital of her own amounting to £2788, and it was producing an annual income of only £B4 os. His Honour: Is she not as well otr as when her husband was alive? Mr Oram pointed out that under the provisions of the will she was getting the free occupation of a house and a minimum of £3 per week. Now 00 years of age, Mrs Tapp was entitled to spend the remainder of her life in comfort, and to have a companion. He suggested that, in addition to the free house, she should receive £5 per week. His Honour said he could not ignore the fact that petitioner had money ot her own, even if she had built up testator's estate out of her own savings. Mr Lusk stated that the Public Trustee did not oppose the application, and had no observations to make. His Honour: But I want you to say why the widow is being paid only £lpb per annum out of the estate if the income is more. . Mr Lusk: That is the estimated income at present. His Honour: It will not be much, more if the Public Trustee sells the assets and puts,the money into his common fund, lending it out at a lngner rate while the beneficiaries will only be receiving 3 per cent. Mr Lusk said that 31 per cent, was being paid on money held in the common fund of the Public Trustee while awaiting investment outside. Mr Gordon submitted that adequate provision had been made for petitioner. The will was a long one, and appeared to have been very carefully dratted lie said. Deceased had made provision for his two sisters. There were no children of either of his marriages. His Honour commented that there was very little that could be done to alter the position; but there was a little. The Public Trustee would probably find it advisable to allow petitioner the occupation of the house rent-free. His Honour had no intention of making the order suggested by Mr Oram, but though the widow should have an assured income of £4 a week, even if it meant steadily exhausting the capital with a proviso that if the house property were_ sold, her allowance be increased to £o os a week. This, he added, would not hurt the other beneficiaries much, if at all. All he was prepared to sav was that there had been a slight inadequacy in the provision made for the widow. An order was made by His Honour on the terms that he had outlined.