A DISPUTED LEGACY.

Pukekohe & Waiuku Times, Volume 7, Issue 352, 12 February 1918, Page 2

A DISPUTED LEGACY.

Judgment was delivered by his Honor Mr Justice Cooper at the Supreme Court yesterday upon an application under an originating summons, in which the plaintiff was Susan Sarah McKearney, and the defendant Edmund Mahony, as the executor of the estate of John James Hooey, formerly of Patumahod. The summons dealt with the question of further allowance to the plaintiff, a daughter of the deceased, under the above Act. Plaintiff had a legacy of £IOO left to her by her father, and various affidavits had been filed, wherein it was suggested by the defendant and the other relatives that plaintiff was believed to have received the money from her father prior to his death. His Honor in opening stated that he proposed to deliver a written judgment. He then made reference to the evidence adduced on the various affidavits and he referred to Mr McVeagh's suggestion that plaintiff should receive more than the legacy of £IOO, to which she was entitled under the will of Mr Hooey, stating that he could not see his way under the circumstances to allow more than £75. He also stated that he would come to conclusion that the executor had not made out a case _ strong enough to uphold the suggestion that the plaintiff had had more than £5 of the legacy. His Honor allowed the plaintiff £lO 10s costs and disbursements.

Mr McVeagh appeared for plaintiff and Mr Mahony in person.