SUPREME COURT

Southland Times, Issue 21088, 21 May 1930, Page 15

SUPREME COURT

FAMILY PROTECTION ACT. APPLICATIONS FOR RELIEF. In the Supreme Court yesterday morning, his Honour Mr Justice Kennedy gave his reserved decision in two applications for increased provision under wills. Agnes Kelly, widow of Owen Kelly, of Gore, builder (Mr W. A. Stout), who penceeded against Dugald Louis, Poppelwell, of Gore, solicitor, and James Golumb, of Gore, retired farmer, as being the executors of the will and codicils of her husband (Mr Poppelwell) was, in addition to the provision already made under the will of the testator, granted the further sum of £4OO out of the residue of the estate. Costs were also ordered to be paid from the same source.

John Robert McCallum, of Invercargill, wood machinest, being the eldest son of Susan McCallum, deceased, late wife of Robert Hunter McCallum, of Invercargill, gardener (Mr S. M. Macalister) sought from Robert Hunter McCallum and George Arthur Campbell Murray, the executors of the will of the testatrix (for whom Mr W. A. Stout appeared), additional provision from his mother’s estate. The Deacons’ Court, the First Presbyterian Church, Invercargill, the Presbyterian Social Service Association of Southland, the Presbyterian Church of New Zealand and the New Zealand Alliance for the abolition of the liquor trade (Mr M. Macdonald) viewed the son’s application sympathetically and submitted helpful suggestions to the Court. His Honour, in giving his decision, held that it was a mother’s moral duty to provide for a son grieviously stricken in health (as was the plaintiff) and an order was made that, of the half of the estate originally bequeathed to charity, £lO each should be paid to each of the religious and charitable bodies mentioned in the will and that the bahmee should got.to the plaintiff.