ALLOWANCE FROM ESTATE

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

ALLOWANCE FROM ESTATE

SUPREME COURT ORDER MADE An action was brought in the Supreme Court yesterday under the Family Protection Act asking that further provision be made for Ida Kathleen Wilson from the estate of her mother, Mrs Eaisy Chisholm Wilson, of Christchurch. The application was heard by Mr Justice Fleming. Mr K. A. Gough appeared for the plaintiff by her guardian ad litem; Mr W. G. P. Cuningham for the Guardian Trust and Executors Company of New Zealand, Ltd., executor of the will; and Mr G. C. Sandston for Edna Lillian Wilson, of Christchurch, and Fanny Eileen Shoebridge, of Mananui, sisters of the plaintiff. Mr Gough said that the final balance of the estate was £67,333, but after the payment of death duties and certain debts there was approximately £35,000 for distribution. This balance was bequeathed to the three daughters of the testatrix; one third to Edna absolutely, one-third to Fanny absolutely, and one third to be held in trust for Ida. A reasonable sum was to be paid to the person maintaining Ida, who was a confirmed invalid and needed constant attention. The total income from Ida’s share was estimated to be £246 a year and it was insufficient to provide for her welfare. A draft order had been drawn up, in agreement with counsel for the other two beneficiaries, allowing £7 10s a week to the sister who was looking after Ida. Mr Cuningham said the trustee thought the proposed amount was a fair one. Mr Sandston said that the daughters Edna and Fanny consented to the draft order which covered as satisfactorily as possible a difficult situation. His Honour made an order in terms of the application. The amount claimed, he said, was a very reasonable one, considering the care and attention required by the plaintiff.

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