CLAIM MADE BY WIDOW

Press, Volume LXXXIII, Issue 25206, 10 June 1947, Page 3

CLAIM MADE BY WIDOW

SHARE OF HUSBAND’S ESTATE Decision was reserved by Mr Justice Fleming in the Supreme Court yesterday in the case in which Mrs Catherine Coates sought provision from the estate of her husband, George Edmund Coates. In his will, Coates, who died in New Zealand in 1944, left the whole of his estate to his sister, Mrs Cassie Greenwood. Mrs Coates lives in England. Mr A. W. Brown appeared for Mrs Coates: Mr P. H. T. Alpers for John George Coates, the only surviving child; and Mr C. S. Thomas and Mr E. M. Hay for Mrs Greenwood. Mr Thomas said that the widow was now attempting to gain something to which, during her husband's lifetime, she would have had no claim whatever. The son was able-bodied and was earning a good, steady income. Mr and Mrs Coates were separated, and if the separation were due to the misconduct of the applicant, no order should be made. Mr Alpers said the son's claim took place only if his mother's claim failed. John Coates received no assistance from his father during his father’s lifetime. Now was the time to replace that want. How could it be said that Coates senior was a just and wise father when he made no provision for his only son, whom he had grossly neglected during his lifetime? The testator had failed to provide for his wife; he had failed to maintain his child, and an order should be made, said Mr Brown. His Honour: I shall have to consider the authorities counsel have put’ befora me. The case is one of importance in view of the arguments you have put forward. I shall consider it carefully and give my decision later.