HIS WIFE'S WILL.

Auckland Star, Volume LX, Issue 61, 13 March 1929, Page 9

HIS WIFE'S WILL.

HUSBAND NOT MENTIONED. PUEA FOR CONSIDERATION. COUNSEL DOUBTS HIS AFFECTION. (By Telegraph.—Own Correspondent.) HAMILTON, this day. Asking that he be granted some consideration under the will of his late wife, who left £7700 to be equally divided amongst her brothers and sisters, without any mention of him, a billiard saloon proprietor in Hamilton East named Alfred Jones applied to the Supreme Court to-day for an order altering the will. Mr. E. H. Northcroft appeared for the applicant, Mr. A. H. Johnstone for the beneficiaries other than the trustees, and Mr. J. F. Strang for the trustees, who are also beneficiaries.

It appears that the applicant, Alfred Jones, then a widower with seven children, married Catherine Mildred Gumming in 1900. There were no children of this marriage. His wife died in September last, and in her will, dated August, 1924, she bequeathed the entire property, valued at £7700, in equal shares to seven and sisters— Thomas Cummings (Thames), John Edward Cummings (Matamata), Oliver Cummings (VVaikato), Wm. Cummings (Auckland), Francis Cummings, Anne Cummings (Matamata), and Elizabeth Davies (Auckland). Mr. Northcroft said plaintiff was a cobbler by trade, but five or six years ago he met with a motor accident in which his right hand was rendered use less for the trade. He got £900 compensation and afterwards opened a billiard saloon. He was now in poor financial circumstances. For a long time before her death his wife was ill, and plaintiff devoted almost hid entire time to caring for her. Jones' position was desperate, as all he had to live upon was £135, the balance of rents.

Fond of the Races. Cross-examined by Mr. Johnstouc, plaintiff aciniitted he had not done any work eince he took over the billiard saloon. He attended the Wellington., Kotorua, Tauranga and Te Awamutu bowling tournaments. He was ten days at Wellington and a week at Rotorua. Hβ admitted his wife hud paid £2000 for the house in which they then lived. When everything was paid the house was still in his name. His wife paid £1480 for the billiard saloon. This also was in his name. Mr. Johnstone: So that with the house and the billiard saloon property you had acquired in a very short time property worth £3000. Plaintiff admitted this. His wife also made other moneys over to him. He would not dispute that 78 race cards were found in his room after he vacated a house. He admitted his wife had not cost him a single penny during the whole of their married life. His Honor remarked that plaintiff's affidavit seemed a little economical of truth. In answer to Mr. Strang, plaintiff said that when he married his wife in 15)20 his sole income was his wage a* a boot repairer, while he had seven children dependent on him. Mr. Strang: And your wife before your marriage had a flourishing business at Matamata?—Yes.

No Work for Six Years. Plaintiff admitted that ior six years after the marriage he did no work and he had no income. He agreed that he was surprised that his wife did not remember him in her will. Mr. Strang: And within a fortnight of her death you attended a race meeting? Plaintiff: Did I? Mr. Strang: I suggest your grief for your dearly beloved wife soon evaporated? Plaintiff: I am still very, very sorry for her. Mr. Strang: But far more sorry for yourself. (Laughter). Do you consider your wife owed you any moral duty to remember you in her will! Witness: Certainly I do. His Honor: I would like to know the basis of her obligation. What did you ever do for her other than marry her? Estate Dwindled From £tr,ooo. Plaintiff said his wife had in the early stages of their married life promised to leave everything to him. Mr. Johnstone said that when Jones married 'h\n wife she had by industry and frugality amassed the tidy sum of £11,000. Within four years of the marriage Jones had obtained from her altogether properties valued at £3442, had been (substantially relieved of the maintenance of a large family and apparently entirely relieved of the obligation to do any work. Since her marriage his wife's estate had dwindled from £J 1.000 to £7700. (Proceeding.)