WIDOWER NON-SUITED

Sun (Auckland), Volume III, Issue 832, 28 November 1929, Page 16

WIDOWER NON-SUITED

CLAIM TO HOUSE PROPERTY DIVORCED WIFE’S BEQUEST The claim of a widower, Henry Albert Alderton, to a house property in Eden Terrace, which his divorced wife bequeathed under her will to a foster-son, William John Whiteford, now executor of her estate, was non-suited by Mr. Justice Smith in the Supreme Court yesterday afternoon. Alderton claimed the dwelling was acquired by himself and his wife out of his earnings during their married life together from 1892 to 1913. The defence was that a large portion of the purchase money for the property was provided by a brother of Mrs. Alderton, who lived with the testatrix from 1908 until her death last year. Evidence was given by John Marshall, a brother of Mrs. Alderton, as to having handed his sister sums of £6O and more to bank for him, her account being transferred to witness’s name in 1914. He said he also loaned his sister £3OO to enable the Aldertons to acquire their first home, adding that plaintiff was aware this money had been advanced. He declared that between £SO and £75 was still owing to him. During the legal argument, Mr. Sullivan said that if his Honour found against the plaintiff he was prepared to accept a non-suit. Reviewing the evidence, his Honour remarked that, in purchasing the first home, plaintiff had signed the agreement as agent for his wife, inferring that Mrs. Alderton was the principal. The Judge held that plaintiff had failed to establish his claim and entered a non-suit.