LIFE ESTATE CLAIMED

Evening Post, Volume XCII, Issue 108, 3 November 1926, Page 9

LIFE ESTATE CLAIMED

LITIGATION AND A LEGACY.

An originating summons under the Family Protection Act, 1908, was heard this morning by Mr. Justice Alpers. Plaintiff was Francis George King, of Wellington, retired carpenter, and defendants were Ethel Clara Clark, of Wellington, spinster; Herbert Victor Clark, of Wellington, plumber; William Bramwell Booth, of London, England (all consenting parties), Daniel Fryer ai\d Helen/Fryer, of Gloucester, England; and the vicar and churchwardens .of St-.Pct'erj's Church', Wellington.1 , The .facts stated were that the plaintiff and his wife were married in 1877 and HVed together until 1926, when plaintiff's wife died. In 1913, they had made wills in favour of each other, and in the same year plaintiff bought •property which he put in the name of Ms. wife. In 1924,, she made another will, leaving him only a fourth of her estate, which was valued at about £2800.. As he diad paid off the encumbrances on the property and improved it as well, and had done so entirely out of his, savings, he claimed a life estate in the property in Ghuznee street, and asked that payment of legacies should .be postponed. His Honour said the will was obviously an unjust one, and he was glad to see religious bodies like the Salvation Army and St. Peter's Church taking -up such a fair-minded attitude as the one expressed to the Court. He asked counsel to agree on the form of a draft order granting tho life estate, and he .would approve of it. Mr. W. E. Leicester appeared for the 'plr/ytiff, Mr. H. E. Evans for.. St. Peter's Church, Mr. G. Bose for the Public Trustee, and (by direction of the Court) C. S. F. Clark, Daniel and Helen Fryer. .