COURT INVOKED

Auckland Star, Volume LXXVI, Issue 151, 28 June 1945, Page 6

COURT INVOKED

PROBLEM UNDER WILI, EQUITY OF PAYMENTS Arising out of the difficulties of providing equitably for all con-, cerned where a second marriage has intervened, an application was made to Mr. Justice Fair in the Supreme Court to-day by Ronald Hull, through his guardian, Mrs. Ivy Hull (Mr. Hamer) for further provision from his father's estate. Other parties represented were the widow, Florence Valentine Hull (Mr, Ralph White), the Guardian Trust as executors (Mr. Spence), and the Public Trustee and the unborn children of the son (Mr. Wallace), The widow also applied for further provision from the estate.

Mr. Hamer said the testator, Harry Thomas Hull, taxicab proprietor, and his first wife were divorced in February 1941. In January 1942 he re-married, and he died in November 1943. He had a son, now 18 years old. by his first wife, and to this son he left a legacy of £50 when the beneficiary was 21, His widow was left a life interest in a house at Karori, Wellington, which went to the son when the widow died or re-married.

Discretion was given the executors, said counsel, to make payments from capital to the beneficiaries. Such payments had been made to the widow, but when the first wife, with whom the son lived, applied for such assistance on behalf of the son the trustees desired the Court's decision. The position was that when testator died the son was 16, and the loss of the maintenance provided for him taxed the mother's resources and debts aggregating £150 had accumulated before the son's earning capacity had become adequate for his full maintenance. He suggested the payment of £150 to liquidate thesie debts.

Mr. White stressed that the second wife had acted as business partner as well as wife in building up the testator's taxi business and acquiring the home. At present her living was obtained by supervising the running of a taxi. The net return from this was shown at £3 9/8 a week, but the stage had been reached when a new taxi was required at a cost of about £300.

Mr. Wallace pointed out that there was a fund of about £550 available, in which the widow had a residue to which she was entitled.

His Honor agreed that the applications were such as fairly came within the discretion of the trustees to grant. He made order that the son's guardian Daid £150 without disturbing the legacy of £50, and that the widow be paid £100 cash forthwith, and £200 when and if a new taxi was required by her. Costs were fixed at £40 and disbursements.