Son Receives $7000 From Father’s Estate

Press, Volume CIX, Issue 31986, 13 May 1969, Page 14

Son Receives $7000 From Father’s Estate

An order directing payment of $7OOO from the estate of Roland Wallace Watson, a journalist, of Christchurch, deceased, to a trustee company to be held on trust for his infant son, lan Wallace Watson, was made in a reserved judgment given by Mr Justice Wilson in the Supreme Court. The testator died on June 20, 1967, leaving an estate of more than $9OOO. By his will, dated August 3, 1951, he left his whole estate to his wife and appointed her sole executrix.

At the time of his death they were legally separated, and his widow has since remarried.

As Betty Grahame McDonald she was named as defendant in the proceedings brought by her son for provision from the estate under the Family Protection Act. The defendant herself initiated the proceedings by an application to the Court for advice and directions as to whether she should apply on the son’s behalf for provision out of the estate.

In his judgment his Honour said that under the circumstances obtaining at the date of the testator’s death there was a clear breach by him of his moral duty to provide for his only child.

“Counsel for the infant plaintiff and for the defendant in her personal capacity were agreed in submitting that the provision which the Court should make for him be to direct that the sum of $7OOO be paid out of the testator’s estate to a trustee company, the New Zealand Insurance Company, Ltd, to be held on trust for the infant plaintiff with the power to deal with the income therefrom during his infancy . . his Honour said. He also directed that the provision be in substitution for any liability of the testator under the need of separation to provide for the infant plaintiff’s maintenance. Mr E. J. Somers appeared for the plaintiff and Mr A. P. C. Tipping for the defendant