TWO CLAIMANTS.

Press, Volume L, Issue 15023, 18 July 1914, Page 13

TWO CLAIMANTS.

* WHICH IS THE LEGAL WIFE? BANCO CASE. j irr.E e 5 ASSOCIATION TEIiEGEAM.) J>U.VKDIN, July 17. ■■~:';-.iii .lar.o Amnion applies for ad-| E-••,!-!!.-itKm o: iho estate of Samuel A in--"I Amnion, late of J>unedin, farmer, iSuch was tho uripromisi:)L- lorm <ji an application to tno ou-ja-.ri!--. Court in Banco thus morning, Lut us th« preliminaries opened out, i, v.ja scin that tne case wa.s of an iu-toic'-iiuy; character. Amnion came from England to Dunlin in l'Jlo. In tile Old Country iio teems to nave, beun a grocer cr a yowjrs assisiiiui. Ju Otajio ho was. ■j.:i:c-,vn as a. l.jimer, aud lived rcostiy up wjiKiy, but was oiwsn in ihiuedm. tin j ji.vtj.-J wiui i-araii Jano Amraon, who, j '.iitiT his deaoh, claimt<l to be his | vnnow, aud applied lor icttcrs of ad- i 'ministration, 'llien another lady, j CiiUierino Ainmon, appeared on the j f-wnc. 6ho loug<;d a caveat against the : giaiiLing ol tiio letters of admiiiiatra- ; lion ior by carah Jaue Ainmon, ttiaton r'ebruary libih, lttcO. at (jiu'Lu-cuurch, ana was married to j baiii'K-i A.ircd Amnion, and produced a ] rnniie.i copy of tne cercilicaie or martial ; tiiat m May, I'Jl'J, Ammon coaled to couaini niih her. and ehe believed tfeat. iio thoioaUer, and, until tho date v! his deith cohabited with barali j Jano nee Ilolfc; that she! (\,';UutniM Auiaionj wajs Ainmon s lawla, wile, at the data oi lus death, and, v.v Mien, was oi'titiexl to admniieiratioii. In >iarcji ol tuis year tho Court grained a dt<crcc nisi tor tho issuing of io.'u-is oi iiuuiinistiuiioii to sarau uaue Aii.nion, unless suincicnt cause bo fcbivii 'to tno contrary by Catherine iiiunion. Tuen Catiierino Amman mcd I an atudavit. to tae same ettect ac trio I caveat'abovo referred to. The next itep was mat both, widows applied to Jiv: Court to cross examine eacn other. *'luis was the matter tnat came beiore Mr Justice Sim to-day. Mr W. L. Mooro appeared for Sarah Ja;io Ainmon, and applied to havo C'atiierino Ainmon cross-examined. Mr J. A. Cook, representing Catherine Ammon, submitted that the rule *,ai.si sliotiid be discharged. The applica- • tion whs by Sarah Jano Ammon, on tho ground that sho was the widow of the deceased. He argued that her application could r.ot bo dealt with. An affidavit had been filed by Catherine Ammon with a copy of her marriage cortificate, whereas, as to Sarah Jane Amnion's marriage, the Court had nothing before it but her affidavit that she was tho lawful widow. Before tho Court could . recognise Sarah Jane, it must be satisfied by evidence that Bho had some case. It was only a small sstato, about £200 in New Zealand and a lifo policy for £200 in Tasmania, and Catherine should • not be put to the' expense of establishing her claim in a formal manner, unless the Court was satisfied by better ■ prounds than Sarah Jane's : mere affij d.ivifc. Sarah Jane should be asked to I file eorrie corroborative evidence in snp- \ port of her affidavit. . If tne matter [ irere proceedea with,' it would involve [ -considerable expense, and both of the I iromen were very poor. There was a fnrtTipr view of the case; that beforo fa'fciga'tion was started other interests Ehould be considered. • Ho believed that there, were children of the'first marriage. Sarah Jane, in her affidavit, said sho knew there was one.child of the first marriage. If so, that child must nofbe disinherited"without being served. If thore was a child, it would take two-thirJs of the estate, and it ought not to be disinherited on a,case that was being tried on affidavits betiveen two women. . . ■. . - Ifr Moore 1 replied that his client's : api .- plication wjw.made under'section : 28" of •tiio administration Act,-and under that Act the only evidence required to be ;»vcn ; by.i person applying was an or.oinary affidavit under the code. According to Sarah Jane's statement, she ".Fas married to Ammon in England in •I>!W, at a registry office In Sussex., She lad known him for a year prior to tho marriage. She lived with Ammon continuously for four or five years, and if „ that were proved, it would dispose of tho statement that Ainmon left her in • L-γ j bhe had Bent ' *° England for a •oertihed copy of the marriage certificate. ' His Hononr suggested that it would ■ save expense if the matter were remitted for inquiry to the Public. Trustee, t . -Mr Mooro intimated that he would suggestion. Hβ did not s «gge?t that the first marriage waft not j» good one, but there were two possivl ' marriage migTrt have been annulled, or thero may hare been 3 second Samuel Alfred Ammon. -'- Jlr Cook: My poinf- is that my friend . £&s not filed any certificate to show earan Janas marriage, and in -the ■ 2K?° nothine from »«l e before the.Court but tbeipse dixit of npphcant Let hi m produce a certificate of marriage.- - Mr. Moore said that if Catherine oould produce a photograph of her husband , • and subnet it to Sarah Jane, the man's wgtoty might bo established. V fl,fcT Ho " ou . r h o thought,the best immr.to do m tho circumstances was to .•w-«ie matter stand over, so as to let Jane that she was the real widow. mi V.? p i lcat,on n w ? s ad i°on>ed ao&vd»sJJ till Angust; 3rd.