THE HUNTER ESTATE

Rotorua Morning Post, Volume 2, Issue 570, 29 June 1933, Page 5

THE HUNTER ESTATE

(Press Assn.—

IN APPEAL COURT LADY HUNTER CONDUCTS HER APPEAL IN PERSON jA QUESTION OF MAINTENANCE

-By Telegraph — Copyright).

Wellington, Wednesday. In the Court of Appeal to-day, Edith May Hunter, widow of the late Sir George Hunter, appealed against a decision given by Mr. Justice Blair in 1932 . In Jun.e of that year, Mr. Justice Blair heard a petition brought under the Family Protection Act hy Lady 'Hunter asking for further provision out of the estate for herself and her infant child, Elizabeth. The application was based on the fact that although the appellant had been left the whole of the income from a large estate, the present conditions had so affected the revenue from the estate that she received nothing since the death of the testator. In view of these facts an orcler was made for an anua! payment of £400 from capital which had acefued since the testator's death with liberty to any party to move claiming a variation of the order at any time. In November, Lady Hunter brought another appeal before the same judge asking for an increased allowance and claiming that the financial position of the estate had become worse during the intervening months. The judge dismissed the application and in a memorandum said that it could not be claimed that testator had not made adequate provision for his widow since he had left her the whole of the income from a very large estate. However, in view of subsequent facts adduce'd, an order for the payment of £400 per annum had been made, hut this arrangement was only intended to stand for two yeai's. Leave. had •been given to bring objections to the order but it had not been intended to make an order to enable the widow to come to the court asking for a further variation. The present appeal has arisen out of this decision. Lady Hunter is conducting her own case in person. This would appear to be the first occasion in New Zealand when a woman litigant has appeared in person before the Court of Appeal. Mr. W. Perry is appearing for the daughter, Elizabeth, Mr. H. H. Cornish for Cyril Hunter, the executor of the estate, and Mr. Evans-Scott for other beneficiaries. "I appear, if Your Honour pleases, in person," said Lady Hunter in opening her address. She said that the result of the appeal was vital to herself and to her daughter. The position of the estate was rapidly becoming worse and it appeared that there would be no availahle. income for some considerable time. In fact it might be many years before she would receive anything whatever under the will. The trustee, Cyril Hunter, would benefit to the extent of one quarter of the estate in the event of her death, or that of the child, so that there was an incentive to him not to provide further henefits for the widow and child. If she received no income she would be forced into bankruptcy and if she became bankrupt, her interest in the estate would be sold. That would leave her child nothing after h'er death. Her interest and that of the child were bound up together. If . the estate were sold and the money iuvested there would be no diffieulty, but the trustee had refused to do this and had also refused the Public Trustee's offer of £65,000. For 22 months both herself and the child had been left without maintenance which showed a lack of ordinary sympathy ;on the part of the trustee. Lady Hunter asked for an allowance of £1000 a year and also for the refund of £1100 which she had been charged for her occupaney of the household property. She said that she ■was prepared to secure to the beneficiaries, in the event of her death, the amount allowed her by handing . over life insurance policies to the •value of £4000. At the present time she had only a few shillings left after paying her rent. The case was adjourned until tomorrow.