LEAVE TO APPEAL.
FAMILY MAINTENANCE ACT CASE (Per Press Association.) WELLINGTON, This Day. Leave to appeal as a pauper was granted to-day by! the Court of Appeal to Kathleen McMaster, of Timaru, in respect to a judgment of Mr Justice Northcroft, delivered on October 12 last, dismissing an originating summons under the Family Protection Act, 1908, by her for provision out of her father’s estate. Testator, George Gordon Holmes, of Halswell, a farmer, died on January 17, 1935, leaving an estate valued at £59,000. No provision was made in the will for Mrs McMaster. The trial judge took the view that assistance given by testator during his lifetime to her prevented her from obtaining further provision. The Court of Appeal expressed the opinion that there appeared to be an arguable case, the question arising whether, if a, wealthy father acts generously during his lifetime to one of his children because of necessity, that would justify him leaving that child out of his will when she was admittedly in distressed circumstances. A fixture was made for tho hearing of the appeal on Monday, March 30.
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Bibliographic details
Ashburton Guardian, Volume 56, Issue 127, 11 March 1936, Page 6
Word Count
184LEAVE TO APPEAL. Ashburton Guardian, Volume 56, Issue 127, 11 March 1936, Page 6
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