WIDOWS CLAIM

Dominion, Volume 24, Issue 68, 13 December 1930, Page 8

WIDOWS CLAIM

Court Makes Order HALF ESTATE GRANTED Claims were made in the Supreme Court on Thursday, under the Testators Family Protection Act by Eleanor Featherston, of Durham, England, widow, and Elizabeth Elliott Featherston, of the same address, spinster, against the estate of the late Joseph Featherston, formerly an employee of the Wellington Harbour Board. Both plaintiffs contended that the testator had not made due provision for them in his will, and at the conclusion 'of the ease the court ordered that half the estate should be paid to the widow. ,' , ' . „ The case was heard .by his Honour the Chief Justice, Sir Michael Myers. Mr. W Perry represented the plaintiffs. Mr. Leicester the iegattes and residual legatees, and Mr. Kelly the Public Trustee. After counsel had spent some time in making their submissions, his Honour said that on tie facts before the court he could not come to the conclusion that the widow had deserted her husband If there was any desertion it was probably on the part of the husband, although his Honour did not say that this was so. He did not say that the facts before the court led one to draw either inference. If that was so, then the-widow had been left without proper means of support, and it seemed that that was all that was required for the provisions of the statute to become operable. • He was unable to find any desertion .by. the wife or any renunciation of her position as wife The estate was a .small one, and he thought that the provision asked for by Mr. Leicester was; in the circumstances, reasonable/ He did not propose "to make any comment as to the course adopted by the testator when making his will. , ~ -j “The order I propose to make, said his Honour, “is that half of the estate is to be paid to the widow as .and when the proceeds become available.”