SPITEFUL AND VINDICTIVE WILLS

Dominion, Volume 31, Issue 242, 9 July 1938, Page 3 (Supplement)

SPITEFUL AND VINDICTIVE WILLS

How Some Widows Are Penalised

"... and to my wife I give the ' whole of my fortune during her widowhood; this sum to be reduced to £lOO per year in the event of her remarriage.” People argue that it is a harsh, malicious clause. That it is contrary to public policy, in that it becomes an Incentive to an immoral union. That it is a punishment clause; dictation from beyond the grave, writes Harold Bates. Other people believe it to be the natural action of a rich man who wishes to protect his wealthy widow from fortune-hunters. Or to safeguard his children from a wrong type of stepfather. , , ' No two people think alike on the subject. But certain it is that more and more widows are being penalised In this fashion under the wills of husbands who have passed over., 1 ive hundred such wills is the average a year in England. Take the case of the widow of quite moderate means. She is left with, say, £250 a year during widowhood. But should romance call again, she lose’ ’ every penny of the legacy. Recently there have been outstanding cases in which wen died worth over £1,000.000 each. They all included the penalty clause in their wills. Vast fortunes were left to the enjoyment of the widows--to be reduced to

pittances in the event of remarriage. If one went to the altar again she forfeited over £350,000. Another, had the use of £250,000 in cash and securities alone, but if she took another partner in life she would receive only £4OO a year. , , ... Certain authorities contended that this dictation struck at the roots of marriage. One the other hand, one of the women spiritedly retorted: — “It was on my suggestion that my husband made this stipulation. It Is a sensible idea. It would be foolish for a widow to have access to such a fortune and still be open to marriage. It may also be unfair to the children. I, myself, have not the slightest intention of marrying again.”

Yet why should women be faced with the choice of enjoyment of affluence and the possession of another husband? When a man seeks to safeguard the children from, a cruel stepfather, or the widow from a worthless husband, his action is justified.,

But there are far too many cases where jealousy, malice, petty meanness, and spite enter into the last will and testament. The husbands cannot bear to think that another should enjoy the companionship and Inspiration that helped them in their lifetime. The widows shall not marry again, and that’a that! And, as a rule, they don’t I