LEFT PENNILESS

Sun (Auckland), Volume III, Issue 653, 3 May 1929, Page 1

LEFT PENNILESS

ANNUITY TO WIDOW RAISED SUPREME COURT CLAIM Considered by his Honour Mr. Justice Biair to have been allowed an insufficient sum under the will of her husband, Annie Skene had her annuity under the will raised from £lB2 to £3OO in the Supreme Court this morning. His Honour further ordered that Mrs. Skene should be paid a lump sum of £250 for her present requirements. rjHIE allowance for Mrs. Skene was described by Mr. H. P. Richmond, who conducted the claim against the Public Trustee, as “unjust and showing a want of recognition, of moral duty.” Mr. Richmond said that the assets of the estate, at the time of the death of Allan Skene on January 28, were £9,385 19s Bd, and the liabilities £540 10s. “The manner in which the testator has dealt with his wife is highly unjust,” Mr. Richmond said. “One can only call it that. Mrs. Skene has been left practically penniless. In asking that the annuity should be increased to £3OO. a large amount is not being asked for. A lump sum of £250 is also claimed for Mrs. Skene’s immediate needs.” “MORAL DUTY” “I am bound to say that there is a good deal of justice in my friend’s contentions,” said Mr. A. H. Johnstone, representing the Public Trustee and other beneficiaries under the will. “It is conceded that deceased had a moral duty to perform, and we do not think it unreasonable that a sufficient sum should be allowed to Mrs. Skene. “The charities represented in the United Kingdom—some of them are as far away as Aberdeen —to which money has been left, would probably not put forward any strenuous opposition to some amount being paid to the widow.” His Honour agreed that it appeared that deceased had not fulfilled a moral duty to the person most entitled to consideration. His Honour, in making the new annuity payable from the date of death, said that the will would stand in all other respects.