A WIDOW'S CLAIM.

Auckland Star, Volume LVI, Issue 133, 8 June 1925, Page 8

A WIDOW'S CLAIM.

NO PROVISION IN WILL. RELIEF GRANTED BY COURT. The widow of an ex-Mayor of Auckland sought an order for her provision in the Supreme Court this morning, under an originating summons in connection with tho will of the late Charles Daniel Grey, manufacturer, of Avondale. The estate was not a large one. lt was stated, however, that in 11)07 deceased had settled some 20 acres .of land upon plaintiff, and this bad not been void. A clause in the will set forth that no provision hud been made in tlie will for the widow, as she was "already sufficiently provided for.'' . Plaintiff in the action was the widow of testator, Fanny May Grey (Mr. Lennard), of Avondale. Defendants were Thomas Benjamin Clay, lnnd agent, of Auckland, John Grey, electrician, of Avondale, Vera Fowler, married woman, of Avondale, Charles Grey, stationer, of Avondale, Olwyn Grey and Mary Grey, both of Avondale, minors. Mr. Knlmau represented Clay, the executor, and the adult children. On behalf of the Public Trustee, Dr. Fitehett appeared for the two children under 21 years. Under tbe terms of the will the widow was appointed guardian of the children. It was contended by Dr. Fitehett that had the property settled on plaintiff been sold, she would now have been adequately provided for. Instead of that she had preferred to retain it. Counsel desired to see the interests of the infant children irotected. His Honor, the Chief Justice (Sir Robert Stout), took the view that plaintill' was entitled to provision out of the estate, and made an order that she should receive the net proceeds, £T!SO, as maintenance. Costs were allowed out of the estate to the parties.