WIDOW’S CLAIM ALLOWED

Press, Volume CII, Issue 30051, 8 February 1963, Page 6

WIDOW’S CLAIM ALLOWED

Greater Provision From Estate

Mr Justice Wilson yesterday ordered that, in addition to the provisions under the will, Maiaie Fanny South - combe, a widow (Mr B. A. Barner). is to be further provided for from the estate of her husband. Alexander Hector Southcombe.

The plaintiff is to be paid £3OO. and the trustee is to pay from the capital of the estate the cost of painting and repairs to the house in which she live*. The trustee will also be responsible for all future outgoings on the property other than rates and insurance, and the plaintiff has the right to apply to the Court in the event of a change in her circumstances Mr G. L Caldwell represented the Public Trustee as first defendant. Mr R E. Wylie represented the New Zealand Red Cross Society and the Canterbury-West Coast branch of the New Zealand Crippled Children Society, as second and third defendants.

The testator, who died in April, 1961. left £1443 and the house in which the plaintiff now lives. Under the will, the plaintiff was left the furniture in the house, the right to occupy the house for life, £2OO, and a life interest in the estate. On her death, the balance was to go to the second and third defendants. His Honour said toe testator had failed to perform his

moral duty in providing suitable capital, having regard to the state of repair of the house which he left for his widow to live in.