A WOMAN’S ESTATE.

Ashburton Guardian, Volume 56, Issue 290, 19 September 1936, Page 6

A WOMAN’S ESTATE.

NO SHARE FOR HUSBAND. AN APPLICATION DISMISSED. (Per Press Association.) CHRISTCHURCH, Sept. 18. A father’s application for a share in an estate left by his wife to his eight years’ old daughter was heard in the Supreme Court to-day. The estate was that ot Louisa Marriott, formerly of Leeston, who died in June, 1935, leaving an estate valued at £3350. The sole beneficiary under the will was her daughter, Agnes Daphne Marriott, who would receive the principal when she was 25 years old. In the meantime it was placed in trust for her benefit. Marriott proceeded under the Family Protection Act asking -or relief. He declared that he was 48 years old, had no assets, and was unable to obtain work.

After hearing argument liis Honor said he wished to hear medical evidence from the defence about the physical condition of Marriott. If Marriott was reasonably able to earn it would take a very strong case to induce the court to take anything away from the infant, daughter. In his Honor’s view Mrs Marriott had acted with complete proprietary in making provision in her will for her infant daughter rather than for her middle-aged husband.

The case was adjourned to allow doctors to examine Marriott, and on resuming they gave evidence that Marriott was an extremely fit man who should be able to do an average day’s work. For the claimant another doctor said he thought Marriott would he unfit for heavy work. His Honor held that MaTriott was not disabled so as to require the court to make provision for him from the estate. The testatrix had properly preferred the claims of her daughter to those of her ablebodied, middleaged husband. The application of the plaintiff would be dismissed.