SUPPORT OF CHILDREN

Taranaki Daily News, Volume LIII, Issue 105, 11 August 1910, Page 5

SUPPORT OF CHILDREN

LEGITIMATE AND ILLEGITIMATE. AN UNUSUAL CASE. Bv Ti'legrnpli.—Press Association. > Wellington, Last Wight. An application to disturb the will of Lawrence Arthur Robert Worthington, late of Bulls, was made in the Supreme Court to-day by his widow. I'wated was killed in a motor car aucidmt. The applicant was .married to him in ]i>!)B, and there were four children lv the marriage, the youngest of whom was born in 1906. His estate consisted of £SOO, the amount of an insurance policy, and of this he left £3OO -o 'lis wife and family, and with the remaining £2OO he made provision for the maintenance of two illegitimate children born in 1906 and 1907 respectively. Mr. ' Levi, who appeared for deceased's wido- , intimated that the application \s-r. made under the Family Protection Act. An order was sought that the estate of deceased be applied for his wife and legitimate children. His Honor remarked that he had no power to give the illegitimate children any thing under,the will; in the same way he could not take anything away. He could no,t reform a man's will. He had chosen to provide for the children for whom he was father. "Can I deprive them of their maintenance?. Are they to starve?" he asked.

Mr. Levi: Are the legitimate children to starve, your Honour? His Honour: You say that legitimate children should be provided for before the illegitimate children? What authority have you? If deceased had given the latter more than necessary it might have ibeen different.

Mr. Levi: I maintain that the Family Protection Act provides for the legitimate children.

His Honour: But are these illegitimate children to be cast on the State? There has been no case like this before in Few Zealand. The word used in the Act was "children." I. have thought over the matter but I do not know how I can do anything. I will, however, take further time to consider the matter, but I do not think that I can disturb the will.

Mr. Bolton, who appeared for the two illegitimate children, mentioned that there was a third illegitimate child borne by the same mother after its father's death. If necessary an application could be made under the Destitute Persons Act for relief out of the estate.