WILL MODIFIED

Auckland Star, Volume LXXVI, Issue 146, 22 June 1945, Page 6

WILL MODIFIED

ON WIDOWER'S CLAIM

DISPUTED BY DAUGHTER

Sequel to an action heard two years ago, when Fred Nicholson, plumber, aged 72 years (Mr. Hamer) unsuccessfully sought to de declared half owner with his daughter, Mrs. Mabel Clara Malyon (Mr. Hubble) of a house in Ligar Place, Graf ton, bequeathed to the daughter by her mother, and his wife, Mrs. Leah Ann Nicholson, an application was made to-day to Mr. Justice Fair by Nicholson under the Family Protection Act for some provision for him out of his wife's estate. Mr. Hamer said the plaintiff still claimed that in 1911 he purchased the house for the family home and paid all outgoings for it over the years, though it was put in his wife's name. The wife left her estate to her daughter, the estate consisting only of an equity of about £245 in the house. Counsel remarked that the defendant, Mrs. Malyon, showed intense bitterness towards her aged father, and alleged he lfad shown cruelty to his wife during her lifetime. Against this, he commented, affidavits showed that Mrs. Nicholson had made coinplaints about the conduct of her daughter, apparently indicating that the old lady was inclined to exaggerate ordinary family friction. Plaintiff alleged that friction between himself and his wife was fostered by their daughter, and produced affidavits of outsiders, indicating that his family life had been reasonably happy. Counsel suggested that plaintiff should be allowed a life tenancy of the house.

Mr. Hubble said the position was difficult because of the strong feeling of hostility between plaintiff and his daughter. He consequently was not in a position to concede anything. The house contained six rooms, being more than was required by one person, and a revenue-producing possibility. It also required repair. His Honor remarked that plaintiff and his wife had lived together in the house for 30 years, and there was a mass of independent evidence that their life was normally happy. In such case there was a moral obligation on the wife to make some contribution from the estate to the husband's welfare in the future. The Court would make an order modifying the will to grant the plaintiff a life interest in the house, and such furniture as formed part of the estate, with a condition that the house be put in reasonable condition by plaintiff within nine months, <md so maintained. The sum of £16 16/ costs was allowed plaintiff.

A young man, who said he was a grandson of plaintiff, attempted at this stage to address the Court on behalf of defendant, his mother, but was informed by his Honor that he had no right to address the Court, which also had no right to recognise him in the matter.