FARMER’S FORTUNE

Sun (Auckland), Volume III, Issue 781, 30 September 1929, Page 11

FARMER’S FORTUNE

WIDOW SEEKS LARGER PROVISION £150,444 TO GRANDCHILDREN A fortune of £344,500 left by a prominent Auckland station owner, Alexander Bell, who died in July last year, was the subject of a lawsuit before Mr. Justice Smith in the Supreme Court today. that the testator had not made adequate provision for her maintenance in his will, Mrs. Jessie Alberta Bell, of Remuera, the second wife of deceased, applied under the Family Protection Act for increased provision. The Guardian Trust and Executors Company, Limited, which is administrating the estate, is the defendant, for which Mr. Boyes appeared.

Mr. Richmond appeared for Mrs. Janet Taylor and Mrs. Laird, daughters of testator, Mr. Johnstone for the grandchildren, and Mr. Leary for the charities. Mr. McVeagh said that Mrs. Bell did not desire that any of the bequests to charitable organisations totalling £2,400 should be interfered with. The residue of the estate, after providing for specific bequests, amounted to £150,444, in addition to which £60,000 was set aside for annuities. The whole of the residue was bequeathed to the grandchildren, together with the £60,000 as it fell into the residue upon the death of the annuitants. An annuity of £I,OOO and property of an estimated value of £5,500 had been left to Mrs. Bell by her late husband. In addition she owned shares, and shops at Remuera valued at £1,600. The claimant contended that the sum provided by the testator was insufficient to enable her to maintain the same standard of living as during her husband’s lifetime. Social functions and dances were then frequently held in the Bell home in Upland Road. She had also been in the habit of making periodical trips to Australia and had twice visited England since her marriage in 1916. Under cross-examination, Mrs. Bell admitted that a good deal of the renovations she ordered for the house in Upland Road, some months after lier husband’s death, were in the nature of improvements. The work cost about £SOO. She admitted having a share in a property in Australia, but contended that the interests were valueless because of drought losses. In addition, she had a number of shares in a gas company, also in a banking concern. The house and land in Upland Road were worth £5,500, and shops in Remuera Road valued at £1,600, and furniture and car worth £6OO each. Cross-examined by Mr. Johnstone, Mrs. Bell said that when she was married she gave her age as 28; She was compelled to admit, however, when counsel produced a copy of her marriage certificate, that her age had been given as 32, but she claimed it should have been 28.