VARIATION OF WILL REFUSED

Dominion, Volume 23, Issue 33, 2 November 1929, Page 10

VARIATION OF WILL REFUSED

YOUNG WIDOW’S CLAIM FAILS Dominion Special Service. Christchurch, November 1. Claiming that the sum of £9247 bequeathed to her by her late husband, Bertie Cecil Rutherford, was inadequate to allow her to keep up the status she enjoyed during the nine months of married life before his death, Mrs. Rutherford, a minor, sought further provision under the Family Protection Act in the Supreme Court to-day through her guardian ad litem George Cecil Derrett. Defendants in the case were Harry Mackay Overton, of Lakeside, farmer, and George Harkness Buchanan, of Christchurch, solicitor, executors and trustees. 1 Testator died in March .of this year, leaving an estate of £27,000, of which he bequeathed £9247 to his wife, who was 19 years old. There is no child. Mr. Justice Adams said the Statute did not permit any more than an inquiry into whether the estate left to a widow was sufficient to her maintenance. The Court, therefore, had nothing to do with whether a will was liberal or unjust or eccentric. After hearing' evidence and the addresses of counsel, His Honour said he was satisfied that the testator had made adequate provision for his widow. It was obvious that the standard of living alleged was purely imaginary. The parties had not lived together long enough to establish a standard, and the testator’s circumstances had been insufficient to permit his maintaining such an establishment as was alleged. The application would be dismissed, the costs of the trustees and other defendants to be taxed and paid from the estate.