WILL CASE

Press, Volume XCIX, Issue 29389, 16 December 1960, Page 23

WILL CASE

Widow Given Estate

Curfew Clytie Dickinson, a widow, has been given judgment in an application under the Law Reform (Testamentary Promises) Act, 1949, for the whole of the estate of her father, Robert Howie, a retired joiner, in which she formerly had only a life interest.

The application was heard before the Chief Justice (Sir Harold Barrowclough) in the Supreme Court on October 18. Mr A. F. Wilding appeared for Dickinson and Mr C. M. Roper for the Public Trustee, as executor of the will of Robert Howie, named as defendant in the action.

In his reserved judgment, his Honour said that the plaintiff, Dickinson, claimed that for 30 years she had given services and performed work for her father on an express and oft-repeated promise by him to reward her by giving to her at his death the whole of his estate, now worth a little over £2OOO.

By his will, Howie gave to the plaintiff all his personal effects and a section of land at South Brighton of a total value of about £360. The plaintiff was also given a life interest in the residue of the estate comprising substantially a house property worth £675 at 18 Randolph street, and about £1240 in the bank. His Honour said that Howie in his will had directed that the residue of his estate should be given to those of his children still living when the plaintiff died. He had ascertained that none of the three children objected to the plaintiff having the whole of the estate and supported her evidence that Howie had promised it to her, the Chief Justice said. He found the plaintiff’s story regarding the promises made by the testator to her supported by two wills made by him in 1940. Disinterested witnesses had given evidence of promises made by the testator to the plaintiff.

His Honour made an order vesting the house property at Randolph street in the plaiptiff and an order that the whole of the residue of the estate be paid to her after payments of all debts, duties and administration expenses incurred by the Public Trustee.