FARMER'S WILL

Evening Post, Volume CXVI, Issue 105, 31 October 1933, Page 8

FARMER'S WILL

FAMILY NOT PROVIDED FOR

CLAIM FOR AID FROM ESTATE

(By telegraph.)

(Special to the "Evening Post.")

: • PALMEttSTON N., This Day.. Alleging that just to spite her and his children, her late husbaniS, Alexander Milne, farmer, of Wo'odville,, had left all his property to a brother in Scotland, Ellen Milne, widow, of AVoodville, petitioned in tho. Suprpme Court yosterday asking for financial assistance from tho estate. A similar request'was made by the eight surviving children. The fact that ,the. : wholo family had applied led Mr. Justice MacGregor to comment • that the ■ j petitioners were asking.really for a.now will. The Court was not allowed to make a now .will, as the deceased, in New' Zealand law, had a perfect right to leav*':his property to whom he liked. ■ In England, France, and other Continental coitnti'ics a man was.oonipelledto leave his wife at least one-third and his children one-third, but not so in New Zealand. . ..:< '■*' ..■"■

Counsel for tho' petitioner pointed out that unless something was done for the, family they might become a burden on the'Stato. ■ • '' . ■:'.-.v ■•.■.-..■. \ His Honour: I can't help, thajt., You'll have to get tho law altered..;;« :' ' Mrs. Milne in her affidavit '-informed the Court that it had been by her industry and the enslaving 'conditions under which she and her children had had to work,.that the deceased's eatate had been built up. ■ Ho had been a cruel and tyrannical husband and father and had seemed a judicial separation on June 1, 1928. Three weeks later he had made his will, cutting out the whole family. An estimate of the present value of the- estntc (mostly property in the vicinity of Woodville) was declared at £5000.

The case is proceeding.