DISPOSAL OF ESTATE

Press, Volume LXXXIV, Issue 25547, 15 July 1948, Page 3

DISPOSAL OF ESTATE

COURT HEARING AT AUCKLAND

(FA.) AUCKLAND, July 14 A claim for greater provision out of the •state of Ewen William Alison, of TakaPuaa, who died in 1945 at the age of 93, *as brought before Mr Justice Gresson in the Supreme Court to-day by his elder son, Ewen William Alison, retired solicitor. Defendant in the proceedings was Mrs May Fotheringham, elder daughter of deceased and executrix and trustee of the Plaintiff was represented by Mr w *2 nnell, and Mr West represented Mrs 'othenngham and a younger daughter, Ivy Jane Mair, who with Mrs Fotheruignam is the residuary legatee. A younger son, Alexander Alison, brought • \ C t m for further provision. . . O’Connell said it was admitted that had been in receipt of an annual income of £llOO. His scale of living *as high and he backed racehorses z? ay “ y - The final balance of the estate “F d ® a th duty was £4266, and it was subuiined that a legacy of £3OO to the elder Z Oll Was scarcely commensurate with the extent of the estate. Plaintiff was 70 years of age and had retired. .on behalf of Alexander Alison. Mr "•emacki said he was 63 years of age and f( ? r three and a half years in the anrt u- Orsd War. He was a pensioner a total income was about £3 18s Vpare ' h ad been living for some out P revi °usly on Pakatoa island to keep j e way of temptation to drink k- P aid £3 a week board. He believed ♦k was entitled to £450 derived from sale of a house his father had given

M ‘‘Careful Assessment” fni\ West said his duty was a very painthe and he would merely refer to fhZ_? ffidav it s and as k his Honour to read a 7?^ c f r , efully - The will, he said, showed ass essment by testator of the laid Ai Ons res ting upon him. Counsel anrt Alexander Alison’s wife and family Alexander Alison himself had been AI2LK actically a H his life by testator. Alison was now in the state on • . was Practically compelled to live and home for inebriates. sta ? c Mr O’Connell said Ewen eeethna7 esir^ d to withdraw from the proto and he Was granted permission tatI iS w S? no H r said this was a small esWhich l here was not very much with obliaafi ta | or could discharge the moral *as nA? ns h . e owed to his children. He for the r. satisfied there was any reason tead e Ul l to a lter the dispositions tnade’ it therefore no order would be Aiexa’nri-t *SH ld allow Ewen Alison and cn^ T Ahson each the sum of £lO •state v a H d disbursements out of the behalf rr. v est made no application on au of his clients.