A FATHER'S CLAIM

Evening Post, Volume CXXII, Issue 70, 19 September 1936, Page 15

A FATHER'S CLAIM

SHARE IN ESTATE MONEY LEFT TO CHILD (By Telegraph. —Press Association.l CHRISTCHURCH, September 18. A father's application for a share in the estate left by his wife to his 5 eight-year-old daughter was heard in the Supreme Court today. The estate was that of Louisa Marriott, formerly of Leeston, who died in June, 1985, Maying an estate of £3350. The sole beneficiary under the will was her daughter, Agnes Daphne Marriott, who would ■receive the principal when she became 23 years old. In the meantime it was placed in trust for her Marriott proceeded under trie Family Protection Act, asking for relief; He declared that he was 48 years old and had no assets. He was unable to obtain wok.

After hearing argument his Honour said he wished to hear medical evidence from {he defence about the phy-l sieal condition of' Marriott. If MaiM riott was reasonably able to earn it wo.uld ta.ke a ve.ry, strong case to'induce'the Ppyr't ip take anything away from the infant daughter, ' : In his Honour's "view Mrs. Marriott had acted with complete propriety in making provision in her will for herj infant daughter rather than for hei middle-aged husband. The case was adjourned to allow doctors to examine Marriott, and ori resuming they gave evidence that Mar-f riott was an extremely fit man whd should be able to do an average day's work. ■' " I

For the claimant another doctor said he thought Marriott would be unfit for; heavy work. [ His Honour held Marriott was not disabled so as to require the Court td make provision for him from the estate. The testatrix, had properly; preferred the claims of her daughter td those of an able-bodied, middle-aged husband. The application of the plain; tiff would be dismissed. ' i