Should Money Go to Widow or Orphans?

Sun (Auckland), Volume II, Issue 377, 11 June 1928, Page 1

Should Money Go to Widow or Orphans?

SUPREME COURT QUESTION

JUDGE’S APPORTIONMENT

Should money paid as compensation for a father’s death, go to pay the widow’s debts or to the orphan children?

The apportionment of £I,OOO paid by the Crown as compensation for the death of a labourer, whose widow has since died, leaving two infant children, was argued at the Supreme Court today. * John Kurney, a labourer, employed on road construction work by the Public Works Department, died on April 6, 1926, as the result of an accident and his widow, Annie Agnes Kurney, accepted £ 1,100 in full satisfaction of her claim. The money was paid into court in May, 1927, and the widow, who had been in hospital, died in August of the same year. The widow’s executors, the Guardian Trust Company (Mr. H. P. Richmond) were, by order of the Court, substituted as plaintiffs in the summons for apportionment. Mr. Sellar, who appeared for the two infant children, said, “the question is whether the money goes to the personal legal representatives of the mother or direct to the children.” Mr. Richmond said that the general rule was that one-third of the sum went to the widow and two-thirds to the children. After hearing legal argument, his Honour Mr. Justice MacGregor said it was his plain duty to apportion the amount and not to give it all to the children, which was Mr. Sellar’s request. The rule that one-third should go to the widow, need not apply, because Mr. Richmond has stated that he would be satisfied with an apportionment of £2OO to the trust.

An order would be made in those terms and all costs would come out of the estate.