ESTATE OF FORMER M.P.

Ashburton Guardian, Volume 69, Issue 266, 23 August 1949, Page 3

ESTATE OF FORMER M.P.

CLAIM BY DAUGHTER (P.A.) GISBORNE, August 20. Judgment for £2OO to plaintiff was given by the Chief Justice, Sir Humphrey O’Leary, on an originating summons in which Mavis Reo Cottle, of Dunedin, claimed a share in the estate of the late Peter Neilson, formerly of Gisborne, a retired baker and former member of Parliament for Dunedin Central. Mr Blair, for plaintiff, said Mrs Cottle, as the only child of the first marriage, claimed a share, partly liecause the bulk of the estate represented the proceeds of thejsale of a house which belonged to her mother, the first wife. Counsel contended Neilson had committed a breach, of moral duty to his daughter in leaving the whole of his estate, valued at £llOO, to his second wife, and that the daughter was entitled to half. For the widow, Mr Woodward said the testator had made three wills in favour of his widow and had told his executor that his daughter did not need financial provision. He argued that the daughter should have claimed against her mother’s estate when the Dunedin property was left to Neilson. His Honour said he considered there had been a breach of the testator s duty to his daughter, although it must have been difficult for him to have done other than leave the estate to his second wife considering her circumstances and dependants.