LAW REPORTS.

Dominion, Volume 3, Issue 762, 10 March 1910, Page 11

LAW REPORTS.

... ■:" " ♦. V '" ' • • ■SUPREME COURT. J TRUSTEES SUED BY WIDOW. HEK ALLOWANCE. Sitting in Banco yesterday,-, the Chief Justice,; Sir Robert Stout, heard the case of Lepper v. Lepper, an ' application, i under the Family Protection Act, -1908,for a .variation in", tho disposal of the estate of the late itenry Joseph Lepper. ':' The plaintiff was Eva Lepper,,of Island.' Bay,;widow of the late Henry Joseph Lepper, and the defendants were John Thomas .Lepper, William Rigden Lepper, and Charles Henry William Lepper, executors and trustees under the will. ■ Mr.. ; P. J. ,o'Kegan appeared for the .widow, a'nd Mr. A. Blair for the trustees.: Mr. O'Regan said\that Henry ..Joseph 1 Lepper died on .'November "30,'1908, and his ' widow, was ."left ". to bring up , four children, aged respectively ' eight years, six years, four years, and two years. Since the death of her husband,'she had had only- about ,£2l altogether put.of the estate.': 'Apart from-that amount, she had received £S ..from 'the sale: of a deed, which she had disposed, of before sue un'derstood her legal position. From the executors she had received ,£lO in'cash, and they lad paid accounts amounting" to ,£ll. ..They.also paid interest oh a mortgage Qver.the house, so .that Mrs..Lepper lived rent free.; All that she wanted was an allowance out of the estate to enable her; to "keep going." Up till the present, she. had kept, her ■. familyx together,, and managed .to,, pay. her way by keeping boarders.i: .However, during the . past winter,,^ soino .accounts had accumulated, and there was still .. a....5ma11., grocery, account-unpaid. The trustees .considered that ;sho'had been, living extravagantly. Provision'had been macte under. , the -will thatithe'suni'.of'.£l2o should bo paid to. her, by, the: trustees "in their absolute 'discretion,"-..and that she should receivetho; income from; the balance,of .tho trust funds. Mrs. Lepper.■njbw. represented that this' provision was inadequate' for,, the maintenance: of the, family, and she. asked the l Court to make such modifications; as it ■ deemed "just' under' the- circumstances. Mr:',',Blair said .that the- estate; was i> tjhy .one, and was. not; Worth. ; anything like J2600, the figiiro. mentioned by plaintiff application to the Court;-,; The trnstees considered that tho widow did not arid', would not realise , her : position. She, imagined thatthe trustees were withholding money that ought to be paid to her/' '■:''■""■'■ ■: '■' -. .'• ■■-•' ■..':' '"■-■■.::■;.-.■:

The Judge :,. No, she . says, • "You,; have gotlsomo cash* r'give^md , .a..little , 'liiore." Mr. Blair: We , have already 'been, met tmee with, requests of that nature, end we hive.granted;them., - ••,'- ■:'■■■ ;. Continuing, j Mr.'Blair said that the property at /Island Bay was worth, very. .liUlo.yand;- if-it were , placed '-on, the market' ndw, it jvonld.be sold at- a !loss. ,Tho trustees had about: .fffijlKin/.cash, and they owed .off the .'property .£4OO qn the first mortgage, and \£i4o. on the second' ■ mortgage.';-.- ';. !'. ; ; '..• ','■"■■ : : •'-. ■ -":" ' His. Honqrir'said that in all. , cases such' as. tho present ho thought of the'children; and endeavoured to. make proyjsidii which would 'enable them to be pr'bught iip'and educateff properly. lii this case, plaintiff had apparently dpno' well, and it seemed that, with a'-' very little heljrfor a' time; she , ;would,he able .to'.'.'geti.on to her feet" again. The trustees werb not to blame; , ■they were. foUowihg outthejterms, of ,the will. :. Sl'the , .'same time, '.the widow,' if she' found;.'herself, in -difficulties, had,a right to come to .the Court and, say that she found her allowance too meagre. If .the .Court : found that '/the V husband had> tied' up' the': money too . tightly, it" had power to make a nidreliberal' : allb'wf ; aricfe."-"At'the; sanio'time , , T the 'control of' the 'estate-would not be \taken ;out of the hands' J: of the, trustees, who. were'.to be commended ifor their efforts Ho sifeguard anything lite a' "slaughtering" .of the ;e'?tabi. ( ; ,His Honour ."suggested .that the I curriint accounts, and. agreo'to >pSytKe,.widow a shillings tyi week' for a year. His Ho'nour pave :no Tullnft.on'the' case, but 'directed 'that, if a settlement was not'niade, 'the matter shonldi be. mentioned, 'Jieforoy him' in .Chambers, when He Would 'inquire.ijnto certain facts'^alleged by-ithe trustees:''