PROVISIONS OF WILL

Press, Volume LXXII, Issue 21747, 1 April 1936, Page 9

PROVISIONS OF WILL

CASE BEFORE COURT OF APPEAL

HALSWELL'S FARMER'S ESTATE

TTHB PEBSS Special Service.] WELLINGTON, March 31. Claiming that her father had died leaving a will without making adequate provision for her proper maintenance and support. Kathleen McMaster, wife of Ailsa Jack Humphries Mcmaster, of Christchurch, labourer, appealed to the Court of Appeal against a decision in the Supreme Court, Christchurch, Mr Justice Northcroft, who dismissed her action. The appellant asked for an order for such provision az the court thought fit. She stated that her husband's average earnings over the last two years had not exceeded £2 a week. When the hearing was completed today, their Honours Mr Justice Reed, Mr Justice Ostler, Mr Justice Blair, and Mr Justice Kennedy were on the bench. Mr C. S. Thomas, with him Mr H. O. Jacobsen, appeared for the appellant, and Mr W. R. Lascelles, with him Mr R. C. Abernethy, for all the respondents other than the trustee. Mr A. W. Brown appeared for the trustee, John Roberts Cuningham. The appellant's father, George Gordon Holmes, sheep farmer, late of Halswell, made his will in 1925 and a codicil in 1927. and died in January, 1935 The respondents wr.re John Roberts Cuningham, of Chris'church, solicitor, trustee under the will, and Elizabeth Holmes, of Halswell. widow; Mary Eliabeth Paterson, of Christchurch, wi;e of Christian Cecil Paterson, of Timaru,-dentist; and others. Mr Thomas said Holmes's was a substantia] one, its net vp'ue for stamp duty purposes having been £59,000. The amount of duty payable was £9700. The appellant, who was 38 years old, and married, with four children, received no direct assistance under the will. Mr Lascelles submitted that ample consideration had been given the appellant during her father's lifetime. He submitted that the inference from the story of the family was one of some misfortune, but of substantial improvidence. To assist one's children in life was at once a virtue and a moral duty. A parent, if anybody, should know his child. Not one of the parties had said Holmes was a stern and niggardly parent. He was generous in his lifetime. The court reserved decision.