HUSBAND'S CLAIM

Evening Post, Volume CXI, Issue 98, 28 April 1931, Page 4

HUSBAND'S CLAIM

ESTATE OF LATE WIFE

QUESTION OF SAVINGS

A claim against the estate of the lato Agues Scott was made in the Supreme Court yesterday by her former husband-, Martin Attridge Scott, marine engineer, of Wellington.

Mr. Justice.Reed was on the BcneU. Mr. H. J. V." James . appeared for the plaintiff, and Mr. P. S. K. Macassey, with him Mr. 0. Evans-Scott, for the defendant, the Public Trustee, executor of the will.

In liia statement of claim the plaintiff alleged that he had paid the greater part of his monthly wages to his wife on the understanding that she should pay. the household expenses and deposit tho balance in a Post Office savings bank. The money in the bank was to .be for their old.age, and if one died the other was to take the total sum. At the time.of his wife's death the savings were in an account in Wellington in her name, the total on Ist April, 1930, being £1098 6s Bd. The plaintiff claimed the money from the Public Trustee, but was told that he would have to take legal proceedings to enforce his claim. As a second cause of action the plaintiff claimed the proceeds of the sale of furniture from a house which he and his wife were occupying when the latter died. He'also sought to recover £100, which he alleged his wife had givon without his consent to her daughter by a previous marriage, and £9S 6s Gd, the proceeds of the sale •jf furniture from'another house, which (vas paid into the Savings Bank account.

The defence denied that there was any arrangement between the parties as alleged.by the plaintiff, and it was contended that Mrs. Scott had furnish-; ed both houses out of her own savings. The gift of £100 put of any .money: .saved by the, plaintiff was also denied. At the tiniei of her death on 9th July, 1930, Mrs. Scott had £1188 3s lOd to her credit in the Savings Bank account at Wellington. The plaintiff gave evidence that he was married in June, 1914. Prior to that he; had- given Mrs. Scott sums totalling- £.150, to be set aside until: they (iould get married. During his married life:.he. paid Ms. wife between £20 and £26 a month under the arrangement described in the claim, and he had also made .several purchases of furniture on his own account. Mrs. Scott had never claimed that the money in the bank belonged to her. She had tola him that the household expenses were about £16 a month. Ho considered she could. have saved the money in the "bank from what he gave her. Alfred Hoffmeister, of the Post and Telegraph Department gave evidence as to amounts remitted to Mrs. Scott by money-order by the plaintiff. No further evidence was called for the plaintiff. Mr. Macassey asked for a non-suit on the ground that there was no corroboration of the plaintiff's evidence as to contract. " His Honour said that the question of contract' did not settle tho matter. There was the fact that money was forwarded for household necessities, and modern authorities showed that anything saved from such a source was. tho husband's property. However, he would reserve the point.

Elsio Amelia Hayes, married woman, and daughter of the deceased^ gave evidence. Scott had- never provided any of the furniture. -Witness agreed that Septt had sent her mother amounts varying between £12 and £26. On hu'ious occasions her mother had lent money to Scott. Her mother was very extravagant in her dress and in the home.. '■■.'... At the conclusion, of Mrs. Hayes's evidence, the hearing was adjourned sine die, with a view to a settlement being reached. . ; •

The following resolution was carried at the meeting of Kilbirnie householders last evening:—"That this meeting of householders supports the efforts of the- Wellington City Council (or other body) in its endeavour to retain the present bathing facilities on the foreshore of Evans Bay."