MOTHER WITHOUT MONEY.

Taranaki Daily News, 4 November 1921, Page 8

MOTHER WITHOUT MONEY.

NO HELP FROM HER FAMILY. A REMARKABLE CASE. MAINTENANCE ORDERS MADE. Some pointed remarks were made by Mr. A. M. Mowlein, S.M., in the New Plymouth Court yesterday regarding the lack of respect for filial duties which seemed to characterise some of the parties engaged. The action being heard was remarkable in the fact that it was one in which the members of a family were being proceeded against to contribute to the maintenance of their mother.

The complainant was Mrs. A. Simons (Mr. R. H. Quilliam), and the defendants were the members of her family. They were; Sydney H. Simons and Samuel L. Simoas (represented by Mr. H. R. Billing), Mrs. D. Rowe (represented by Mr. C. H."Croker), Lily M. Simons, Mrs. Ivy Wood, Mrs. V. White, and Ernest Edward Simons. In two instances the sons were in arrears on maintenance orders in existence, oue being £63 10s behind in his payments. Two other sons had not been served with the summonses.

“I think it most regrettable that these children should have allowed this matter to come into court,” said Mr. Quilliam in proceeding with the case on behalf of complainant. He remarked that Mrs. Simons was now 55 years of age, in somewhat indifferent health, and of her ten children there were nine who should be able to contribute towards her support. The youngest of the family was only a boy of ten. THREAT OF EVICTION. Counsel recalled that the action arose through the fact that Mrs. Simons, who was earning her living by keeping a boarding-house, was being sued for the possession of the premises and was threatened with eviction. It was remarkable, therefore, in the circumstances, that the children should have to be forced to do .what one would have imagined their ordinary filial affection would have compelled them to fulfil. Before any steps were taken, counsel said, all the family were written to, asking them to arrange among themselves for the proper maintenance of their mother, and the course of bringing the whole of them into court would not have been adopted but for the fact that it seemed to be the only satisfactory one. One of the daughters (Mrs. Wood) had offered to give her mother the use of two rooms rent free, while the son Ernest Edward, and the defendant Lily Simons tad offered to contribute towards the support of their mother. This was the best that coukl be done without bringing them before the court. The maintenance orders against two of the sons had not been kept up. and it was only 4>y hard work that Mrs. Simons had been able to maintain herself.

Complainant’s husband deserted her some considerable time ago. A warrant was issued for his arresy. but it was found that he had gone to Australia. Some months ago Simons returned to New Zealand, and another warrant was Issued, but could not be executed, and he had returned to Sydney. Counsel said possibly the estrangement betweeh the husband and wife had had something to do with the children not doing their duty, as they were divided in the opinion as to who was to blame for the trouble, THE MOTHER’S STORY. Complainant said her husband had deserted her over seven years ago and had not contributed anything to her maintenance. He was now in Sydney, She was 55 years of age,/ She received no maintenance from any of her ten children. The two eldest sons were ooui over 30 years of age, and were married. They were in regular employment. The twins. Sydney Herbert and Samuel Lancelot, were 25 years of age,- The latter was a widowpr with three children. Ernest, who was 18 years of age, contributed nothing. He had stayed with her for about five week*- and made no effort to find work. He was now Staying with his sister. Three of the daughters were married, and the other, who was earning £'l a >yeek, had occasionally contributed a little. She had no property, except a little furniture. She had received notice to quit the boardTng-house of which she was noyy proprietress, but had not been able to get another place, To Mr. Billing; She now kept four boarders. Last January her husband came back and wanted her to keep hinij fie had no money, having borrowed £5 from his mother. She told him the house was sold and that she was about to sell up. She denied that she was responsible for the original estrangement betweep herself and her husband. He had not been a kind husband to her ami she did not tfiink she should have to keep him- after he failed tp support her for seven years. To Mr. Croker: If another house could be obtained she could continue keeping a boarding establishment, and in that case would be able to parry on without any assistance from her family, She did not wish to be a burden on 'them. (In behalf of Mrs. Rowe, Mr. Croker said she was unable to contribute anything towards the support of her mother, and called defendant, who gave evidenPP to this effect. ORDERS MAPESydney Herbert Simons, watersidep, said he* was a married man and had three children. His earn mgs would average about £3 per week. lie WU s not in debt, with the exception of a little rent, and the amount of the arrears of the maintenance order, £63 10s. He could not contribute anything to the support of his mother. His Worship said it was a strange feature that these boys had not made any suggestion for an arrangement foi rue upkeep of their mother, but had allowed affairs to go on, in spite of the fact that th&y must fift'e known sue was in failing health.. An order was made against the spi? Ernest Edward, for the payment pfJGs per week. The informations against Mrs. White and Mrs, Rowe were dismissed, His Worship remarking at the same time that they did pot appear to have much respect of filial duty. He did not think it would be any hardship for a married woman in ordinary circumstances to find 2s 6d per week towards the support of her mother. Ihe X „£ by the other daitghter, Mr®, ffpsd, w.as probably m /the. circumstances a magnanimous one. b'e seemed to be the one person ip the family who realised her fluty to het mother. He thought counsel eo»W rply on this without an ordeg, A Similar action would be taken in respect to Lily Simons, as she had made an offer ftfui ypuld no doubt keep it. I .As mult of agreement be-

tween counsel It was reported that the defendant S. 11, Simons would agree to resume payment of the order of 5s per week, subject to remission of past arrears, and the case against S. L. Simons would need to be adjourned in order that evidence as to his position could be taken. An order was made in these terms, and in the remaining instance, that of E. E. Simons, who did not appear, and was not • represented, His Worship made an order for the paypient of 10s per week.