WIDOW'S CLAIM.

Auckland Star, Volume LXII, Issue 95, 23 April 1931, Page 5

WIDOW'S CLAIM.

ANNUITY "INADEQUATE"

CHILDREN OF A FORMER

MARRIAGE OPPOSE.

TWO ALSO SEEK INCREASES,

A Takapuna widow who said her husband had not made a sufficient allowance for her in his will sought an increase of her share in an estate valued at £8790 in the Supreme Court to-day. Five children of the testator by a previous marriage opposed, the widow's claim and two of them also sought increases in their shares. The plaintiff was Charlotte Jane D. Miller (Mr. W. H. Cocker) and the defendants were the Guardian Trust and Executors Co., as executors of the will of Samuel Bradshaw Miller (Mr. C. O. Butler), Mrs. F. M. Howard (Mr. Greville), Mrs. Forbes Eadie (Mr. Singer) and the Public Trustee, representing Mrs. Franbis Frankau and. Miss Edith Miller and the children of the beneficiaries. ,The case was heard before Mr. Justice Blair. Mr. Cocker said the plaintiff married the testator in February, 1927, and he died in July of last year. Both parties had been married previously and the testator had four daughters and one son. The son, Charles B. Miller, received £100 in terms of tlie will, and the widow and four daughters were to receive equal shares of the estate, which, after certain deductions were made, would amount to over £8000. The income was £334, of which plaintiff's share was £G7 a year. Accustomed to Receive £5 a Week. "That is a wholly inadequate provision," said Mr. Cocker, "for a husband in the testator's position to make for his wife." He added that the plaintiff had been accustomed to receive at least £5 a week for her household expenses from her husband. She was 48 years of age. Her husband died at the age of 69. She had never engaged in any occupation. His Honor: There were 17 years between the time her first husband died and her next marriage. Mr. Singer said he had information i that the plaintiff had kept a boardinghouse in Napier and that a man called Simpson assisted, and that later she kept a boardingliouse at Bayswater or Takapuna. Mr. Cocker: There is no evidence ot any business training which would assist her in making a living now. In 1900 the plaintiff was married to a Scottish barrister named Fraser who died in 1910, said Mr. Cocker. An allowance of £5 a week for tne widow was sought by Mr. Cocker. The plaintiff, in her evidence, contradicted a suggestion that she had ever kept a boardinghouse. Cross-examined by Mr. Singer, she said she came to New Zealand nineteen years ago. men her first husband died she was left almost without means. On arrival in New Zealand she opened an obstetric home at Napier, but it was not a success. She had two sons and a daughter, who came out with her irom Scotland. Witness denied that she had met Miller as the result of an advertisement. Just prior to the marriage Miller had bought a new house in Pa Avenue, Epsom. She was married under the name of Lottie Simpson, a widow. " A Woman's Privilege." In further cross-examination witness in an outburst said: "It is a woman's privilege to tell a few lies." She denied that she had created frequent " scenes " in the house at Epsom, and that her late husband had to run out of the house frightened with the fear that neighbours would think he was illusing his wife. To Mr. Johnstone: Mrs. Frankau was a widow, and she and Miss Edith Miller were living in South Africa. They were 45 and 46 years of age, and were working for their living. Mr. Cocker put in letters written by Miller to witness before their marriage, which showed that she had not " thrust herself upon " Miller. Witness partially collapsed at the conclusion of her evidence, and had to be assisted from the witness-box. (Proceeding.)