SCALE OF LIVING

Dominion, Volume 23, Issue 6, 2 October 1929, Page 11

SCALE OF LIVING

WIDOW’S ANNUITY INCREASED

Dominion Speciai Service.

Auckland, October 1.

After lengthy argument in the Supreme Court this morning, Mr. Justice Smith awarded a further £l5O to the annuity of Jessie Alberta Bell, under the will of her husband, Alexander Bell. The annuity in the first place was £lOOO.

» In summing up, His Honour said the view he took was that the wife was entitled to live after her husband's death on the same scale as she did when he was alive. The problem before the Court was whether plaintiff now had sufficient maintenance equal to that to which she was accustomed when her husband was alive. The proper course for the Court to take was a broad view of the case.

Plaintiff’s Over-statements.

“Plaintiff did not come out of the cross examination by counsel too well.” remarked His Honour. “It appears that she over-stated the cost of her car, and also the schedule of household expenses. She also committed an indiscretion in regard to her age. In the circumstances the Court will have to accept the evidence of Mr. Wilkins in regard to expenditure. It appears that in the two following years the household expenses amounted to £ll4l and £lOO5. The average expenditure would be about £lOOO per annum.”

His Honour mentioned that it had been argued New Zealanders could live cheaper travelling abroad than they could in New Zealand, which was redudio ad absurduni, as the inference would be that all New Zealanders would soon be living abroad. “Balancing the matter up and looking at the size of the estate I feel that some addition should be made,” continued His Honour. “On the ground of the trips aboard mentioned in evidence I will grant £lOO, and on the ground of the house renovations and maintenance £5O. This will continue during her life or until remarriage, when the annuity will be reduced to £5OO per annum,”