A DISPUTED WILL.

Taranaki Daily News, Volume LVII, Issue 19, 10 June 1914, Page 5

A DISPUTED WILL.

WIDOW CLAIM'S BETTER TREAT- ' MENT. By Telegraph—Press Association. Wellington, Lsaqt Night. A dispute in connection with a will was heard by his Honor the Chief Justice (Sir Robert Stout) at the Supreme Court to-day. It involves the claim of a widow upon the estate of 'her husband, who left her with only a anall share (one-tenth) of his estate, and hpir right to 'have that share increased. The plaintiff was. Sarah Ann Green, tito widow of the testator the late James Green, bootmaker, of Martinborough; aad the defendants are David James Green, Samuel Ray Gawith (soliwtor), Sarah Bereford Hulbert (wife of Charles Hulbert, farmer), and Maggie Amelia Tyler (wife of John Ernest Tyler, coach proprietor), all of Martiniborough. The defendants D. J., Green and fi. R, Gawith are the trustees, and th!e other defendants are beneficiaries' under the will. The plaintiff claim* that the testator, who died' on sth March, 1913, left a will without making adequate provision for her proper maintenance and support, and asked tihat provision for her should be made inj the form of a lump sum or otherwise for her suitable maintenance. The circumstances of the case make it a difficult proolem for the court. The plaintiff was originally the wife of the testator's brother, Thomas, wlhb dried/ in 1907, and she iiad four children of that marriage. The testator, James Green, was a widower, his wife having died 25 years ago, and the plaintiff married hiim six years ago. Under tine will of her first husband, she received a small amount of money, but is now in poor ciroirmsltancw. Under the will of James Green, she received £B7B. Had he died intestate, she would have received onethird, or over three times as much. Counsel for plaintiff argued Mm Green should, in view of all ((he circumstances, have received better treatment at the hands of her husband. She hart married him when he was a cripple and (on tllie verge of .becoming an invalid. Mr Skerrett said., however, that the case wis very different from one in which the wife had stood beside the tiiis- : Ifaand and helped to build up his fois- • tune, and had' become the mother of his children. Mrs Green was comparatively a young woman, and if given a large sum might marry again immediately. Jfe contended that at the most she yihould only receive a small annual amount. His Honor reserved his decision.