PROVISION FROM ESTATE

Press, Volume C, Issue 29604, 29 August 1961, Page 20

PROVISION FROM ESTATE

Annuity And Lump Sum Granted A widow. Eva Lucy Hyde, aged 66 (Mr W. A. Anderson) who had been left nothing in her husband’s will in 1959, was granted an annuity of £156. and a tamp sum of £6OO, when she applied in the Supreme Court yesterday for provision from his estate under the Family Protection Act. Mr justice Richmond said that the plaintiff's husband, Frederick Middleton Hyde, had clearly failed to make proper provision for his wife. The £6OO lump payment which his Honour granted is for repairs to the plaintiff’s house in Tancred street, Linwood. and to pay off the balance of a mortgage on the house. His Honour also made provision for three children, who will each receive £5OO from the estate. The Perpetual Trustees Estate and Agency Company, Ltd. (Mr M. F. Hobbs) was named as first defendant in the action. Second defendants were Olive Judith Moir, Colin Middleton Hyde, Lila Betty Busheill, each represented by Mr D. J. Hill and third defendants Paul Derek Trolove, Fay Judith Moir, John William Bushell, Peter Colin Hyde. Jennifer Averil Hyde, and Andrew James Hyde (Mr E. S. Bowie). Mr Anderson said the plaintiff sought an annuity of £234 and a capital payment of £350 for repairs to her house and to discharge the mortgage. The plaintiff and her husband were separated in 1940. and she had received £2 a week mainiterence. Mr Hobbs made no representations. He said the value of the busband’s estate was £6863 after duties and administration expenses. Mr Hill said he agreed that the plaintiff should receive some provision from the estate, and suggested an annuity of £156, and a capital payment to each of the children. Mr Bowie agreed to provision from the estate for repairs to the plaintiff's house, but sought to have any payment to discharge the house mortgage included in any weekly payments.