FAILED IN HER DUTY

Dominion, Volume 24, Issue 64, 9 December 1930, Page 10

FAILED IN HER DUTY

Mother’s Will Disputed RELIEF FOR DAUGHTER By Telegraph.—Press Association Dunedin, December 8. Decision was given by Mr. Justice Kennedy to-day in the case in which Minnie Isabel Akhurst applied for an order that further provision be made out of her mother’s estate for her maintenance and support. Testatrix at 78 was left her son s fortune and died at the age of 86, leaving her daughter trinkets, etc., worth no more than £BO. The whole of the estate (£6000) was left to charity. Of this amount £3BOO was bequeathed to the University of Otago for research work in connection with the cause of cancer and other malignant diseases. His Honour found that the mother had failed in her duty. Plaintiff had asked that all bequests other than that to the university should be exempt from the incidence of the order. It was clear that she could not prejudice the university and increase the burden which that bequest would have to bear. The al lowance to be made must therefore be reduced.

An order was made for the payment of an annuity of £52, the sum of £9OO to be set aside from the bequest to the university for the purpose and to revert to the university on plaintiff’s death.