APPLICATION BY WIDOW

Press, Volume LXXXIII, Issue 25303, 1 October 1947, Page 3

APPLICATION BY WIDOW

INCREASED BENEFIT FROM ESTATE

An application by Ethel Maud Anderson, a widow, of Lakeside, for the ■whole of the estate left by her husband, John Anderson, retired farmer, was heard by Mr Justice Fleming in the Supreme Court yesterday. The plaimiff was represented by Mr J. A. Wicks. The defend mts were the Public Trus-. tee, executor of the will; Thomas Affiierson, gardener, of Christchurch; /■thur Anderson, builder, of Opotiki; Abraham Anderson, farmer, of Riverside; and Ralph Fraser Anderson, clerk, of Dunedin. The testator died on July 3, 1946, and, by a will dated September 5, 1918, left his widow a life interest in the whole of his estate. After her death the estate was to go to the youngest nephews of the testator’s brothers. Mr Wicks said there were no children of the marriage, and the conflict, if any, was between the widow and nephews. The will was made when the testator was in camp in 1918, waiting to go overseas. The main asset in the estate was a farm valued at £3OOO, and there were cash assets of £llBO. The plaintiff had the use of the house on the farm and approximately £2 a week. Circumstances had changed completely since the will was made, and it was for the Court to decide whether the testator had done his duty to his widow as at the time of his death. Counsel submitted that the widow should receive the whole of the estate. Mr M. J. Gresson, who appeared for Thomas Anderson, said that, in addition

widow had the use of seven acres of ground round the house, and her own savings were approximately £lOOO. The Court could ascertain what the widow should have as income, and that sum could be made up of the revenue from the estate and from her own capital. Mr R. A. Cuthbert, for the Public Trustee, said his client would abide by the judgment of the Court. Mr C. S. Thomas, who appeared for Arthur Anderson, said the handing of the whole estate to the widow would be unreasonable. She could leave it to strangers. He agreed that she should receive sufficient out of her own money and the estate to allow her to live comfortably. He suggested that the widow have the right to live in the house, with the use of a small plot of ground for a garden; that the house be painted and put in a state of repair at a cost not exceeding £l2O, to be borne by the estate; the widow then to pay the rates, insurance, and maintenance; the widow to be paid the whole of the income from the estate for five years, and after that date the widow to be paid £4 a week from the income of the estate, with recourse, if necessary, to the capital of the estate. His Honour made an order on those lines, but giving the widow the whole of the income from the estate for four years; after that time her income to be made up to £5 a week, with the right to draw on the capital of the estate.