OLD MAN’S MAINTENANCE

Sun (Auckland), Volume I, Issue 144, 8 September 1927, Page 18

OLD MAN’S MAINTENANCE

INCOME FROM WIFE’S ESTATE The sole provision made for a man of 70 years of age, out of an estate worth £5,918, was the interest on £BOO, from his deceased wife’s property. A claim under the Family Protection Act, 1908, brought by Robert Newton Hooker (Mr. J. J. Sullivan) against the Guardian Trust and Executors Company of New Zealand (Mr. Terry) was heard before Mr. Justice Reed last June. His Honour yesterday delivered reserved judgment in the case. Subject to the life interest, the estate was divided equally between the children of the testatrix by a former marriage. All these children were of age, and there was no evidence to show that they were in need of assistance. Until the death of his wife the plaintiff had been able to earn his own living, but since then his health had failed and the medical evidence showed that he could not again maintain himself. “In these circumstances,” said his Honour, “he is entitled to a substantial allowance. It was the duty of the testatrix to make provision for the plaintiff in his declining years, and in this respect she had failed. I order that the whole net income from the estate be paid to the plaintiff for his life as from the date of the death of the testatrix.”