LARGER ALLOWANCE

Dominion, Volume 26, Issue 218, 10 June 1933, Page 9

LARGER ALLOWANCE

Son’s Claim from His Late Father’s Estate FAMILY PROTECTION CASE An additional allowance of £l5O per annum was ordered to be paid to William Charles Liverton, station hand, of Pakowai. from his late father's estate, by Mr. Justice MacGregor in a reserved judgment delivered in the Supreme Court yesterday. Application had been made by plaintiff under the Family Protection Act, 1908, for increased benefits in respect of the will of his late father, William Alfred Liverton, retired slieepfarmer, who died at Wellington on November 10, 1931, leaving an estate of a gross value of £157,703. Plaintiff was left by his father the income from a fund of £4OOO, but lie claimed further provision “tor his proper maintenance ami support.” “There was little or no dispute as to the material facts.” his Honour said. "The affidavits and figures submitted to the Court, though lengthy, were yet clear and self-explanatory. The arguments of counsel for the various parties concerned were’ candid and helpful. In these somewhat unusual circumstances, I had not much difficulty, after the hearing, in arriving at the conclusion that plaintiff, who is now t>l, had made good his claim under the Family Protection Act to tin order making some further provision for him out of his father's estate, during his own declining years. "I think the further provision for the proper maintenance and support of plaintiff should be the amount of £l5O a year payable during his life. In fixing this sum I have taken into account the long and almost gratuitous assistance given by plaintiff to bis father many years ago in building up the family estate, as well as the probable loss by him in the near future of his present yearly wages (£7B) and also of the annuity of £lOO conditionally given to him out of his brother’s estate.

"I do not think I would be justified in giving to plaintiff a lump sum in addition, as suggested by his counsel. By his will testator did not think lit to give more than a life interest to plaintiff for his maintenance and support, which I now propose to increase by £l5O annually, and thus to carry out more adequately the “moral duty” of testator iu this respect.

“The order of the Court will be that there be paid to plaintiff the further allowance or sum of £l5O per annum, to be paid to him during his life by equal monthly payments, such payments to form a charge on the nett residue of the testator’s estate.”

At the bearing. Mr. W. 11. Heine, with him Mr. 11. j. v. .Tonies, appeared for plaintiff. AVilliam Charles Liverton: Mr. G G. G. Watson for defendant trustees, William Septimus Pearce. George liewanni Liverton and William Hoy Robson; Mr. 11. !•’. O'Leary for George Hewanui Liverton as a beneficiary under the will, and for Esther. Susannah Liverton, testator’s widow, both as n beneficiary under the will, and as representing Eric Liverton and May Liverton. Infant children of de ceased; Mr. H. It. Biss for Elizabeth Moji, testator’s eldest daughter by his first marriage, and Robert Liverton. son of testator; Mr. G. Samuel (Nelson) for Agnes jane McKenzie, both as a beneficiary under tin? will, and as representing her children, the survivors of the family of the second marriage: Mr. Evan Parry for Mary. Cook, a beneficiary, and a daughter of testator's first marriage, and Mr- J. F. p. Stevenson for Myrtle Louisa Harvey.' daughter of plaintiff.