Claims By Son, Daughter From Mother’s Estate

Press, Volume CII, Issue 30191, 24 July 1963, Page 9

Claims By Son, Daughter From Mother’s Estate

Further argument in support of the claims of a man and a woman for increased provision from the estate of their mother w’as heard before Mr Justice Macarthur in the Supreme Court yesterday.

The action concerns the £20,000 estate of Elizabeth Tully, widow and farmer, of Riccarton, who died in April, 1962.

The plaintiffs are Patricia Frances Tully, a nurse, of Christchurch (Mr J. G. Leggat), and Alexander Kevin Tully, a civil servant, of Masterton (Mr R. A. Young). The defendants are John Joseph Tully and Patrick William Tully, farmers, of Rakaia, and Marie Elizabeth Keane, a housewife. Mr H. J. B. Quigley appears for these three in their capacity of trustees and executors of the will of Elizabeth Tully, and Mr P. T. Mahon for them as beneficiaries under the will.

The claim w’as part heard on June 21. The mother had farmed a Rakaia property in partnership with her sons, J. J. and P. W. Tully, and had left her share to these two sons equally Other bequests were of £lOOO to Mrs Keane and £3OO to Miss Tully. Her residuary estate, which included a town house and a share in a farm at Weedons, was to be divided into five parts to be distributed equally to five of the beneficiaries, excluding the two sons on the Rakaia farm. The five parts were worth an estimated £lOOO each.

A. K. Tully had done nothing which would disentitle him to a proper share in his mother's estate, Mr Young submitted. His health was such that his position could become insecure.

If the Court made further provision for the payment of a lump sum of £2OOO to A K. Tully, then his client would have £3OOO. which would go some distance towards providing a house for himself, his wife and three children, said counsel.

The defendants, J. J. and P. W. Tully, were single men

in their 40's, and wealthy in their own right, Mr Young said.

Mr Leggat claimed that his client has received "not one penny piece of help" during her mother’s lifetime, while the other children had received gifts or offers. The wifi was made some years before the mother’s death, and in the intervening period Mrs Keane's position had improved materially and his client’s had deteriorated,

Mr Leggat submitted. He sought an additional £2OOO for his client, said Mr L/eggat. His Honour reserved his decision.