A WIDOWER'S CLAIM.

Auckland Star, Volume LVIII, Issue 211, 7 September 1927, Page 5

A WIDOWER'S CLAIM.

INCREASED ALLOWANCE UNTIES HIS WIFE'S WILL. The claim of an elderly rasa for increased fro vision under the will of lie late wife wij upheld by a judgment of Sir. Justice Reed, which n> revived at the Supreme Court to4ay. Robert \*ewtab Hooker, aged 70 (Mr. Sulliran) wti plaintiff against the Guardian Trust and Executor* Co, LfaL, and the other beneficiaries. JE» Honor »«d the estate was worth *5»18, and the sole provision originally made for plaintiff was the interest for ufe on £800. Subject to that life-in-terest, the estate was divided equally between the children of the testatrix by a former marriage. la June, 1826, plaintiff was party to a deed by which bis benefit was increased to the* income from £1300, the trustees being indemnified against further claim*. Tin* rained the important question as to whether plaintiff me birred hv the deed from pursuing hie claim for an adequate allowance under tbe Family Protection Act. 1908. After reviewing the legal arpert and citing other cases. Judge Reed held that the deed was not a bar to plaintiff's clsitn. Hooker *m 70 years of age, and owing to tbe state of hi* health was tinable to earn bis own living. An order would be made that thr ■α-bolc net income from tbe ertat* should be paid to plaitfiin* for life as from the date of tbe death of testatrix.