DISPUTED MARRIAGE

Rotorua Morning Post, Volume 2, Issue 315, 31 August 1932, Page 5

DISPUTED MARRIAGE

(Press Assn.-

JUDGE FINDS HUSBAND BELIEVED FIRST WIFE DEAD

— By Telegrnpp — Copyright)

Wellington, Tuesday. A reserved judgment was delivered in the Supreme Court by His Honour, Mr. Justice Reed, irf a case heard last week, in which John Thomas William Kempton sought a declaration as to the rights of six grdwn-up children of a second marriage of his father to share in the estate of their grandfather. His Plonour said he. was satisfied that the only inference possible on the proved facts was that the first wife was dead when the disputed marriage was contracted, and he made a' declaration that defendants, exclusive of the Public Trustee. were the legitimate and lawful children of Henry William Kempton, and as such were entitled to share according to the terms of the will in the estate of the late Thomas Kempton. His Honour said the position was that there was no acceptable evidence that the first wife was alive when. the disputed marriage took place, nor was there any evidence that she died prior to that date, but the presumptions of law on the facts were that the first Mrs. Kempton was dead when the disputed marriage was contracted.