"LAW INEQUITABLE"

Evening Post, Volume CXXIV, Issue 62, 10 September 1937, Page 6

"LAW INEQUITABLE"

CLAIM AGAINST ESTATE

PLAINTIFF NONSUITED

(By Telegraph—Press Association.)

AUCKLAND, September 9.

"I personally think the law is inequitable, and in'this case I think it will work injustice," said Mr. Justice Ostler, in the Supreme Court, in nonsuiting a married woman who brought a claim against the executors of a deceased estate. , . The plaintiff was Mrs. Sarah Lizzie Sutherland, who claimed £223 from R. P. Towle and A. N. Cooper, solicitors, as executors and trustees of the estate of Alexander Hastings, retired baker. The plaintiff alleged that from 1930 to July, 1935, she did domestic and nursing services for Hastings and his wife, purchased articles and paid train and tram" fares on their account. She claimed that her services were given at the request of Hastings or his wife on the express understanding that payments should be made by provision in the deceased's will. He died in March, 1936, leaving estate valued at £2911. Plaintiff said there was no provision, for her in the will. ; "I think there was a contract, but it is not enforceable," said his Honour. The law stated clearly that.a person who did work for a testator on the understanding that 'he would be paid by a legacy under the will had no claim against the' executors if the testator failed to make provision- an the will. . He regretted he had no option but-to grant .the nonsuit moved for because the law on the point was I very clear. '■:.• . "A Judge'is sworn to do justice according, to the law,.and not in accordance with his own ,;persohal idea of justice," his Honour added.