LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 261, 3 November 1932, Page 20

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.) [Letters of Inquiry will be answered every week in this- column. As far .as possible they will be dealt with in the order in ' which they' , are, received, and replies will be Inserted with the least possible delayj ~': ■,; ■ ■ " \ t 'f'\ ■.- ■ PUZZIiBD.—If you leave your husband without reasonable cause you cannot compel him. to pay maintenance. ihe reasons you give'do to be a sufficient excuse. On the other hanU I see no reason why you should allow your husband to receive the rent ot your ; house. It is his duty to Provide .a home, and if;he expects you to prov'de the home, or at least the rent, lie should allowTou to choose it. Perhaps if you insist on receiving the whole of the rents of your own property you win get your own way. - \ ;.' u : *, EXCHANGE. —The trustee: is not bound to pay the legacies until one.year after the death of the testator. ' „■ , INQUIRER.—You are nof entitled to a pension, as your wife's assets are far too extensive to enable-you to quality. PAYMENTS. —On the figures' you give I should say that you will have to pay ' the lion's share. You might be able to ' compel your brother to contribute 5/ . per week. •..■■' • HEART BROKEN.—The interests of the child are treated as of paramount importance, and unless there • is good reason to the contrary the parents are the persons to whom. custody is granted. The past neglect of the parents may constitute a good reaeon for- refusing them custody. SUBSCRIBER.— Lay all the facts, ol'.;your eaee before the Unemployment Board. PAINTING.—If the amount you are crediting for the work is a definite fixedl sum and is not dependent upon the , hours worked, the man Is not a worker.but a contractor, and need not be. insured. M W The action you mention' will not affect your right to a pension. ELEIS.—So far as you are concerned you must simply weigh the advantage ot cash now against cash in the future, with all the possibilities of not getting the money eventually. . All told, if the property is worth as much as you think, there is very little, risk of nonpayment ultimately. Ido not think that there is any basis for the. mortgagor's idea that the mortgagee may or could interfere with, his business. A p.n. will confer no security. If the maker's business fails the p.n. will not have any value. HARD HlT.—The new rate will be 5 3-5 per cent. BAMBOOZLED. —You should send your name and address; Your letter does not set out the facts at all clearly. It does not disclose whether your mortgage covers the freehold only or. also the leasehold, nor does it show what became of the insurance moneys. I could probably guess successfully what the real facts are, but. I would prefer that you supplied them. . As tQ the freehold, it is clear that you have a first mortgage, and that the mortgagor has abandoned it. You may therefore sell it through the Registrar of the Supreme Court and buy it in. It would be cheaper to get the mortgagor to transfer it back to you. "As to the leasehold, I cannot advise without knowing whether you held a mortgage over it, and whether the first mortgagee "cut out" your mortgage by selling to a third party. j.C.—You have already been granted a voluntary concession by your mortgagee, and that must be taken into account in ascertaining the statutory reduction, of interest. Your mortgagee can insist upon payment at the rate of 5 3-5 per cent. WORRIED.—You appear to be entitled to an allowance of 5/ per week.