PUBLIC TRUSTEE'S PROTEST.

Auckland Star, Volume XLIII, Issue 302, 18 December 1912, Page 5

PUBLIC TRUSTEE'S PROTEST.

PECULIAR WILL CASE.

NO PROVISION FOR INSANE CHILD

A peculiar case engaged the attention of hie Honor Mr Justice Cooper at the Supreme Court t>hie morning. The case wa* one in which the plaintiffs were trustees .and executors in an estate, and the defondan't-s were residuary legatees in t<he saane oeta-te. Mr McVeagh, who appeared for the pUhrtitfe, β-aid the <ioreaeed had loft an fftato of the net value of * £1.004. After I ■the payment of -leg-sicics and other sums •there remained ,t:S80, which residue was ! in the hands of t<he trustees to invest I and pay the widow as a life interest. I There was a t-hi'ld, however, foir whom no provision had been made in the will. This was a daughter, who, at the age of IC, .had become an inmate of the Auekluml Mental Hospital, and had remained there for the last 23 years. The Public True-tee desired that some provision should be -made for the -maintenance of this daughter, and negotiations had been proceeding, as the outcome of which it had boen decided that, with the sanction of the Court, the sum of £220 should be paid .to the Public Truetee out of the residue as coon as the widow'B life interest ceased. Mr F. H. Williamson appeared for the residuary legatees, and agreed with the suggestion put forward by Mr McVeagh. His Honor said that tihe objection he foresaw to sraish an arrangement, was that the widow, wh-o wae 76 years of age, might die at a conrpara-tiveJy early date. There was v.o conclusive evidence that the daughter wmH never recover. What would Ijappen if tihe motiter died, and the dasigtliter recovered? Mi MeVeagn said the case was one in which th« daughter, at the age of 16, had met •with an accident -winch derarrged h<>ir mind. WhiJe carrying a little child, she fell into a stream, and the shock she received wae so gTeat that sh<> insane. His Honor replied that the crrcumsCancee did not alter ibie view point. The wranaa had become mentally deranged as the rceul.t of a shock. She wae now nearly 40 ypars of age, and was apI proaching a criticai period in a woman's I life. There -was just a possibaity that ef.be mipht n<nv recover. If the mother I died, and the daughter recovered, the I latter, under euc.h an a-rrangement. would Ibe -penniless. His Hoiror suggested tha-t ; the difficulty might be overcome by i agTee.ing- to eet aside £220 after .the de-termin'ati-on of the life interest in the residue, the said £220 to remain a.t interest, and the interest to be paid to the PuW.dc Trostee. The caee was adj'onmed until Satur- ! day to see if this arrangement would 1 meet with the oencorrence of the Public InwtM. .._:•■■ _ ■ •