CLAIM SUCCEEDS.

Auckland Star, Volume LX, Issue 232, 1 October 1929, Page 7

CLAIM SUCCEEDS.

ANNUITY INCREASED. i

TURTHER £150 FOR WIDOW. j ] WEALTHY FARMER'S ESTATE. j After lengthy legal argument in the Supreme Court this morning, Mr. 1 Justice Smith aAvarded a further £130 i to the annuity of Jessie Alberta Bell, under the will of her husband, Alexander Bell. The annuity in the first place Avas £1000. In summing up his Honor said the A-iew he took was that a Aviie Avas entitled to live after her husband's death on the same scale as she did Avhen he Avas alive. The problem before te court Avas whether plaintiff row had j sufficient maintenance equal to that to j which she was accustomed when her husband Avas alive. The proper course for the court to take Avas a broad aucav of the case. "Plaintiff did not come out of the cross-examination by counsel too well," remarked his Honor. "It appears that she over-stated the cost of her ear, and also the schedule of household expenses. She also committed an indiscretion in regard to her age. In the cirnum stances, the court will have to accept the evidence of Mr. Wilkins in regard to expenditure. It appears that in two i folloAving A'ears the household expenses amounted''to £1141 and £1005. The average expenditure Avould be about j £1000 per annum." His Honor mentioned that it had been j argued that New Zealanders could liAe I cheaper traA'elling abroad than they \ could in NeAV Zealand, which Avas a [ dedueto ad absurdum, as the inference ; Avould be that all New Zealanders would soon be living abroad. "Balancing the matter up, and look- ! ing at the size of the estate, I feel that some addition should be made," continued his Honor. "On the grounds of the trips abroad mentioned in eA - idence, I Avill grant £100, and on the grounds of house renovations and maintenance, £50. This Avill continue during her life, or until re-marriage, when the annuity will be reduced to £500 per annum." . Plaintiff in Witness Box. The plaintiff, avlio Avas represented by Mr. McVeagh, gaA-e evidence yesterday afternoon. Her action Avas against the executors of the will, the Guardian Trust and Executors Company (Mr. Boyes). Plaintiff was living in a ten-roomed house in Upland Road, Remuera, Avhich had been left to her by the testator. This was at £5500. She also owned in her own right, certain shops in Remuera Road, valued at £1600. She had 795 fully-paid shares in the Auckland Gas Company and 124 contributing shares, besides 91 shares in the Commercial Bank of Australia. In the affidavit, she said that the amount allowed her under the -will was not sufficient to provide for her on the scale that her husband did when he was aliA r e. In reply to Mr. Johnstone, witness said she was 40 years old. Her husband died when ihe was 84. Mr. Johnstone: Are you quite sure about your age? —Yes. ■ You swear on oath that you are only forty?— Yes. How old did you say you were when you were married?—2B. Hoav do you account for the fact that on the copy of your marriage certificate your age is given as 32?— Yes, it is j shown as 32, but it Avas really 28. Witness strenuously denied a suggestion by Mr. Johnstone that the schedule of her household expenses was a gross over-statement. Questioned, she admitted that a gardener, avlio, it Avas stated, Avas employed before her husband's death, was eighty years old. She said that she paid her maid and her cook £3 a week each, 'but under crossexamination, admitted that she paid them only £2, and regarded the other pound as keep. She also paid a companion help, who AA'as her niece, £3 a week. Mr. Johnstone: This niece of yours did a little lawnmowing like a labourer, didn't she? —Yes, but only for recreation. "I see by the affidavit tuat your first chauffeur in 1925 Avore no livery. The second one wore half a suit of livery and the present one wears full livery. It seems to me that you are becoming , progressively more prosperous." Mr. Richmond, Avho appeared for some of the testator's relations, contended that Mrs.- Bell was adequately provided for. There were not many people Avho had about £1200 a year and a free house. Mr. Johnstons stated thai the testator had discharged all moral obligations to his wife by leaving her his property and £1000 a year.