EX-"CABBY'S CALIM.

Auckland Star, Volume LVIII, Issue 143, 20 June 1927, Page 9

EX-"CABBY'S CALIM.

UNDER HIS WIFE'S WILL.

novel ponrr at issue.

PROFITS OF A BAKERY BUSINESS.

A legal point which, it was stated, had not previously been raised in an Auckland court, engaged the. attention of Mr. Justice Reed to-day, when Robert Newton Hooker (Mr. Sullivan) brought an action against the Guardian Trust and Executors Co. of New Zealand and other persons as trustees and beneficiaries under the will of his wife, who died last year. Hooker claimed an increased allowance from the estate. Mr. Terry defended.

Mr. Sullivan said Hooker, who was a wirtower. married his wife (a widow) in 1903. At that time Mrs. Hooker was in possession of approximately £1900. After her death the estate, which had greatly increased in value, was sworn at £5915, but applicant alleged that it was nearer £7000. By her will, Mrs. Hooker left her husband the interest on £800, which amounted to £1 a week. There had been no children of the marriage, but testator left the whole of the remainder of her estate to her children by her first husband. Three months after the proving of the will r deed was drawn up by which applicant's allowance was increased to 30/ a week. As a matter of fact, Hooker, who was over 70 years of age. and had no other means of support, was quite unable to live on this sum. After suming the deed he had not been live in the old home.

Mr. Sullivan mentioned the . interesting fact that applicant was the last of the old-time cab drivers in Auckland. Until a year or two ago he was on the rank with his horsed conveyance. Now he was too old to work.

Counsel quoted two cases in which authority had been granted to abrogate the terms "of wills, but His Honor pointed out that in these instances the arrangement was made before the deaths of the testators. Apparently the present case raised a novel point of law. Mr. Sullivan said there were two important points about the deed. Although applicant had signed, he had no legal advice about it. Secondly he had had to leave the home at which he had previously had his board and lodging. Mr. Terry said llrs. Hooker possessed £3000 at the time of her second marriage. The will was correctly sworn at £5918. There was evidence to prove the applicant had expressed his satisfaction with the treatment accorded to him under the deed. It was an important point that he had in no way helped to increase the value of his wife's estate. The money had been made by a bakerv business in which Mis. Hooker was helped by the children of the first marriage, and they were naturally entitled to benefit.

His- Honor adjourned the case for the presentation of written legal arguments. He» therefore, reserved his decision.