ORDER UNDER FAMILY PROTECTION ACT

Southland Times, Issue 24229, 12 September 1940, Page 8

ORDER UNDER FAMILY PROTECTION ACT

SUPREME COURT JUDGMENT The reserved judgment given by his Honour Mr Justice Kennedy in a claim by Laura Marguerita Alice Richardson, a married woman, of Gisborne, for a share in the estate of her father, the late John Mackinnon, a piano tuner, formerly of Invercargill, was read in the Supreme Court yesterday by the Registrar (Mr A. E. Dobbie).

The defendants were Alfred William Jones and William McLean, of Invercargill, the executors and trustees of the will; Charlotte Rolfe Scott, of Wellington, and Mary Gordon Frazer, of Dunedin.

“This is an application by a daughter for an order under the Family Protection Act 1908 for provision out of her father’s estate for her maintenance and support,” stated the judgment. “John Mackinnon died on April 22, 1940, leaving a will dated March 9, 1939. His estate was valued for death duty purposes at £4BOB/2/8, out of which death duties, assessed on the testator’s testamentary dispositions, amounting to £693/8/2 have been paid. The testator left a legacy of £5O to Mr A. W. Jones, his executor. He devised a house property in Dunedin valued at about £970 to Mary Gordon Frazer, of Dunedin, spinster, and he left the residue of his estate, subject to the payment of debts, funeral, and testamentary expenses and all estate and succession duty, to his sister, Charlotte Rolfe Scott, of Wellington, a married woman. He made no provision for the plaintiff, Laura Marguerita Alice Richardson, his only daughter.”

After reviewing the evidence his Honour said: “There will be an order that provision be made for the plaintiff out of the share given by the will to Mrs Scott. The order will be that she be paid the sum of £950 out of the residue remaining after payment of debts funeral and testamentary expenses, and all estate and succession duty payable in respect of any part of the testator’s estate.” \ ,

When the case was heard in Invercargill at the last quarterly session of the Supreme Court, Mr J. de V. W. Blathwayt, of Gisborne, appeared for the plaintiff, and Mr Gordon J. Reed for the defendants.