SON'S LEGACY

Auckland Star, Volume LXXIII, Issue 187, 10 August 1942, Page 4

SON'S LEGACY

SHARE HELD UP

TERMS OF MOTHER'S WILL

Unusual circumstances were related in the Supreme Court to-day when an application was made under the Family Protection Act to Mr. Justice Callan to have the provisions of the will of the late Mrs. Christabel Frances Valintine altered so that more adequate provision should be made for her youngest son, Antony Ormonde Valintine.

According to Mr. Turner, for the applicant, the sum of £1000 each was to go to the applicant and a brother and sister. The brother and sister were to receive their share immediately, but a condition was made that the applicant, 21 years of age at the time of his mother's death, should not receive his share until he was 35 years of age. Counsel explained that in June, 1939, the applicant, then 21 years of age, married a woman very much older than himself, and this was a source of grief to the mother. Her will was made in July, 1939, and the provision of withholding his share till he was 35 years old indicated her doubt about the success of his marriage. The mother died in October, 1939. Mr. Turner stressed the view that had the mother lived she might have changed her mind about the success of the marriage. The brother and sister had realised this, and they did not oppose the applicant receiving a portion of his share now, to enable him to put down a deposit in acquiring a small home.

Mr. Williams and Mr. Jacka, representing the sister and brother, did not oppose the application, but Mr. Weir, representing the unborn children of applicant, argued that there was not hardship cr unjustness shown in the will, or in the circumstances, which would justify changing the provision concerned. His Honor said he could not take the responsibility of saying that the condition imposed in the will was unjust, and the application was dismissed, with costs against the estate.