HUSBAND’S CLAIM ON WIFE’S ESTATE

Sun (Auckland), Volume 1, Issue 76, 21 June 1927, Page 14

HUSBAND’S CLAIM ON WIFE’S ESTATE

MORE PROVISION WANTED INTERESTING POINT RAISED action involving an interesting legal point was heard before His Honour Mr. Justice Reed yesterday. The applicant, Robert Newton Hooker, aged 70 years (Mr. J. J. Sullivan) proceeded against the Guardian Trust and Executors Company of New Zealand, as trustees and beneficiaries under the will of his wife, claiming an icrease in the allowance made from her estate. It was stated that the applicant married the late Mrs. Hooker, a widow, in 1903. At that time Mrs. Hooker possessed the sum of £I9OO. After her death the estate was sworn at £5,918, although, it was alleged, it was nearer £7,000. By her will Mrs. Hooker left her husband the interest on £BOO, amounting to £1 a week. There were no children of the marriage, and testator had left the whole of the remainder of the estate to the children of her first husband. Three months after the proving of the will a deed was drawn up by which applicant’s allowance was increased to 30s. Mr. Sullivan said that applicant was the last of the old time cab-drivers in the city, and until he got too old to work had earned about £4 a week. Counsel referred to two cases in which authority had been given to abrogate the terms of wills, but his Honour pointed out that in those instances the arrangements were made before the deaths of the testators. Apparently the present case raised a novel point of law. That Mrs. Hooker possessed £ 3,000 at the time of her second marriage, and that the will was correctly sworn at £5,918, was submitted by Mr. Terry. Mr. Terry contended that there was evidence that applicant had expressed his satisfaction at the treatment received deed. Applicant had in no way assisted in the accumulation of the money, which had been made by a bakery business in which Mrs. Hooker had been helped by the children of the first marriage. His Honour adjourned the application for the presentation of written legal argument.