WIDOW’S CLAIM ALLOWED

Press, Volume LXXXIII, Issue 25208, 12 June 1947, Page 5

WIDOW’S CLAIM ALLOWED

EXTRA PROVISION FROM I HUSBAND’S ESTATE | An application was made by Mrs Marion 1 Isobel Blackburn, a widow, of Christ- ; church, in the Supreme Court yesterday | for further provision from the estate of her husband, Thomas Voice Blackburn, engine-driver, of Christchurch. The appli- | cation was granted by Mr Justice Fleming. who made an order that the whole | of the estate be given to the widow ex- ] cept for a sum to be set aside for a grandchild. Dr. A. L. Haslam apeared for Mrs Blackbum; Mr A. C. Perry for the Public Trustee, executor of the testator’s will; Mr J. A. Kennedy for Jeffrey Don- \ aid Reid Blackburn, salesman, of Christ- | church, and Mr B. McClelland for Andrew Trevor Blackburn, of Wellington. I and for Margaret Marion Blackburn, of . Christchurch Dr. Haslam said the claim was brought under the Family Protection Act, 1908. • The testator died on June 22, 1946, leaving a will dated October 25, 1940. The will appointed the Public Trustee executor. The estate was divided into four. equal parts, one-quarter being left to the widow and one-quarter to each of the three sons. The eldest of these sons, Thomas, was killed in North Africa in 1943. Thomas Blackburn married while he was overseas, and had a daughter. His widow and daughter were now living in Christchurch. This child, Margaret Marion Blackburn, was 4| years old, and would take her father’s share in the testator’s estate. In 1940 the testator left home and left his wife and their youngest son. not then 13 years of age, without maintenance. Mrs Blackburn took proceedings against her husband, and the Court fixed maintenance at £2 7s 6d a week. “This will, which I say is unfair and unjust, was made 11 days after the Court order was made,” said counsel for the widow of the testator. On March 8, 1941. the testator returned home ill and his wife nursed him through his illness. The testator remained in the home. The estate was worth approximately £ll5O. and it would seem only fair and just that the widow should receive the whole of the estate. She had helped her husband to build it up. The two sons were earning good wages and it would seem that the grandchild would be well provided for Mr Kennedy said his client was in no way minded to oppose his mother’s application for extra provision from the estate; but he would not agree with the suggestion that she receive the entire l estate outright. He suggested she should 1 receive the whole of the estate with the exception of the family home, in which she should be given a life interest. That would provide the widow with a home for life, and would get over the difficultv of depriving an infant beneficiary of her interest in the estate. Mr McClelland said that Andrew Trevor Blackburn, who was 19J years of age, agreed that some proper provision should be made for his mother, but suggested that she retain just a life interest in the home. Counsel submitted that some provision should be made for the granddaughter.

His Honour: Justice would be done best in this case by giving the whole of the estate to the widow, conditional on £250 being set apart for the grandchild. Margaret Marion Blackburn, and being paid to her when she is 21 or on her marriage, whichever is the earlier. I give the Public Trustee discretion to use the income from the £250 towards the education of the child.