A WIFE'S CLAIM

Auckland Star, Volume LXV, Issue 204, 29 August 1934, Page 8

A WIFE'S CLAIM

ADVANCES TO HUSBAND.

' Decision was reserved in the action brought at the Supreme Court before Mr Justice Fair by Thomas Lace Caley (Mr. Hunt) to have made absolute a charging order over the interest of Henry Thomas Shepherd (Mr. Finlay), builder, in the estate of' the latter's late father. Plaintiff, en insurance agent, had obtained a judgment against Shepherd for £442. On behalf of Jessie May Shep-he-d, wife of the judgment, debtor, it was contended that she had a prior claim up-jn the estate for moneys advanced to her husband, totalling £444, in return for which he had aesigned his interest in the estate. •■ • ■ ■ ■ ' •

Mr. Finlay submitted that the assignment was void by statute and that it was a mere mockery done in order to secure to Shepherd the full benefit that was coming to him under his father's wiU. ' .'■'. ', r Mr. Hunt submitted that if his Honour was satisfied that the money was honestty lent and borrowed without intent to defeat the creditors, then there was no ground whatever for saying that subsequent payments ehould not be as much protected as the , earlier ones. i