WILL CLAIM SUCCEEDS

Sun (Auckland), Volume IV, Issue 940, 5 April 1930, Page 16

WILL CLAIM SUCCEEDS

HUSBAND’S CHARITIES DIVERTED INCOME FOR WIDOW Press Association WELLINGTON, Friday. The case in which Isabella Sheppard Poison, of Wellington, a widow, nought a variation of her allowance under the will of her husband, was the subject of a reserved decision given in the Appeal Court today. The court agreed with Mr. Justice MacGregor that the testator did not make adequate provision in his will for the proper maintenance and support of his widow, and also thought that the further provision made by the Supreme Court order was hardly sufficient. The cases decided under the Family Protection Act had established that the widow had a paramount claim, and before the testator left a portion of his estate to charity he should see to it that his wife and children, where there were children, had adequate provision. The order in the Supreme Court was varied so as to postpone the gifts to the Society for the Prevention of Cruelty to Animals and the Wellington Cat Club. Further, that so long as the widow remained unmarried, there should be paid to her, while the Cambridge Terraco property remained unsold, £6O a year, which would otherwise be paid to charities. When the Cambridge Terrace property was sold The proceeds were to be retained by the trustees and invested, and the income, not exceeding £6O a year, was to be paid to the wife until her marriage or death. Thereafter, the proceeds would revert to tho charitable institutions mentioned. Costs, £1 o 15s. to the appellant, £7 to respondent, and £ 3 3s to the Attorney-General were allowed out of the estate.