“MORAL DUTY UNFULFILLED”

Dominion, Volume 22, Issue 186, 4 May 1929, Page 10

“MORAL DUTY UNFULFILLED”

INSUFFICIENT PROVISION FOR WIDOW By Telegraph.—Press Association. Auckland, May 3. Considered by Mr. Justice Blair to have been allowed an insufficient sum under the will of her husband, Annie Skene had her annuity under the will raised from £lB2 to £3OO in the Supreme Court to-clay. The Judge further ordered that Mrs. Skene should be paid a lump sum of £250 for her present requirements. The allowance for Mrs. Skene was described by Mr. Richmond, who conducted the claim against the Public' Trustee, as “unjust and showing want of recognition of moral duty.” The assets of the estate at the death of Allan Skene on January 28 were £9385 19s. Bd. and the liabilities £54 10s. “The manner .a which testator has dealt with his wife is highly unjust,” Mr. Richmond said. “One can only call it that Mrs. Skene has been left practically penniless. In asking that the annuity should be increased to £3OO a large amount is not being asked for. A lump sum of £250 is also claimed for Mrs. Skene’s immediate needs.” “I am bound to say there is a good deal of justice in my friend’s contentions,” said Mr. Johnstone. representing the Public Trustee and other beneficiaries under the will. “It is conceded that deceased had a moral duty to perform, and we do not think it unreasonable that a sufficient sum should be allowed to Mrs. Skene. The charities represented in the United Kingdom—some v? them are as far away as Aberdeen—to which money has been left would probably not put forward any strenuous opposition to some amount being paid to the widow.” The Judge agreed it appeared that deceased had nc fulfilled his moral duty to the person most entitled to consideration. In making a new annuity payable from the date of death he said the will would stand in all other respects.