A DEFECTIVE STATUTE.

Evening Post, Volume LXXII, Issue 71, 21 September 1906, Page 6

A DEFECTIVE STATUTE.

STRICT LAW MEANS POOR JUSTICE. \ AMENDING LEGISLATION REQUIRED. Tho case of the beneficiaries under the will of the lato Mrs. Liddlo was subject of a judgment given by tho Chief Justice thia morning. There was application made by the two daughters of testatrix for a furthei allowance than tho amount allowed them by her will, j Tho judgment sets out that tho estate is only of the value of between £1300 j and £1400, and it is disposed of as follows : — First testatrix gives a sum of £40 to four children ot the 'name of Lloyd, that is, £10 each ; then she gives to each of tho Wallace family, £10 each, total £50 ; she then gives £100 to the Hospital for Incurables in Wellington ; then she directs that certain expenses shall bs incurred in reference to her grave. After this direction she gives all" her property to trustees upon trust to convert the same into money by sale or otherwise, and "out of tho proceeds to pay my funeral and testamentary expenses, legacies, duties, and other payments hei einbefore specified, and to invest tho residue." She then describes how the residue is to bo disposed of — namely, in an annuity of £26 by equal quarterly payments to her sister, Mrs. Williams, on certain conditions, and the balance to her two daughters on certain conditions. It is admitted that tho daughters will, under. the will, get only a few shillings a week each ; and they ought to have more, as they are both sickly, and unable to maintain themselves. His Honour finds his hands tied, however, by the decision in Plimmer v. Plimmer. Ho cannot give the daughters a lump sum ; • and as that caso decided that it was the residuary estate that was primarily liable to tho payment of allowances under the Testators' Family Hnintcnanco -A.ct, and nil tl»e only «stduo in this case was tho annuity to the testatrix's sister, the result vma that he could hot touch the gifts, though some of them were to strangers, and all that ho could do was to deprive the sister of part of her annuity. This was a very unfortunato position and it was one that his Honour thought might occur wheu he Avaa considering the caso of Plimmer v. Plimmer ; and he so stated. A remedy, however, must be given by tho Legislature to meet this class of chsc. It was exceedingly unfortunate that the only relief he could give to the needy daughters was by taking part of the annuity away from a needy sister ; but flint was tho law according to the decision of Iho Court of Appeal in Plimmer v. Plimmer. Under the circumstances, however, he must give somo assistance to the daughters, as their annt had relatives hi England who had been assisting her, and who, he hoped would continue to assist her in tho future. The annuity cf the aunt would bo reduced to, £10 per year, and" tho bnlanco of the income of the residue after this £10 was paid would bo divided equally between tho two daughters. Their mother had pro vidod in the will that their shiires shall be held upon certain conditions. It, did not lie on the court to alter those conditions, and the daughters must hold •tho additional sums granted to _ them' under this order on the same conditions. His Honour reserved leave (conditional on hit having *uch powov) to nny of thQ parties to make further application

to the court, and also to have the order ' reviewed at the end of five years. The daughters were awarded £5 5s coste, and the Public Trustee a similar amount, both sums to come out of the estate. Mr. Alex. Gray appeared for applicants, Mr. Treadwell for the Public Trustee, ana Mr. Quick for Mrs. Williams.