A TESTATOR'S WILL.

Evening Post, Volume LXXX, Issue 5, 6 July 1910, Page 7

A TESTATOR'S WILL.

ESTATE OF £30,000. CLAIM BY A~imST WDTE.

An appeal arising out of a testator s will was begun yesterday before the Court of Appeal, which consisted of the Chief Justice, and Justices Williams, Edwards, and Cooper. The case was Elizabeth Allardice, Eliza Marion Hawkins, Albert William Allardice, Elizabeth Hall, Henry George Frederick Allardice, and Helena Laura Jane Haselden v. Agnes Allardice and Thomas Henry Gordon Lloyd, executors 'and trustees of the will of the late James- Allardice. According to appellants' affidavit, Elizabeth Allardice arrived in New Zealand in 1867 when 17 years of age. She married James Allardice in 1871, and there were six children by the marriage, five of whom are appellants in the present proceedings. Hn-i always devoted her time and assisted testator in his business, and largely contributed to his success. In their first business venture in 1872, she put her savings, amounting to £150, towards a capital of £250. In 1886 appellant discovered that her husband was allegedly misconducting himself with Agnes Little, now Allardice. Testator went to live with Agnes Little in 1891. In 1896 appellant obtained a judicial separation, and an order against her husband la pay alimony. Later, in 1905, she obtained a divorce. Testator and Agnes Little n-ar-ried in 1906. They had six childi'sn living. Allardice died in 1908, lea^ag an estate of £30,000 to- his second wife and her children. He did not provide for appellants, nor did he repay to Elizabeth Allardice, his first wife, the £180 she contributed to their first business. Argument was heard both yesterday and to-day. Messrs. C. P. Skerrett, K.C., and S. A. Atkinson appeared for appellants, and Messrs. D. M. . Findlay and F. B. Sharp were for respondents. Their Honours reserved their decision.