WILL IN DISPUTE

Evening Post, Volume CXXXVIII, Issue 69, 19 September 1944, Page 7

WILL IN DISPUTE

BLIND SON'S CLAIM

MONEY LEFT TO CHARITY

An application from a blind son for a share of his mother's estate, which she had willed to charitable organisations, was heard by Mr. Justice Johnston in the Supreme Court yesterday. The. hearing was adjourned in .order-that-certain -might be obtained, but his Honour indicated that he considered that the testatrix;had failed in her moral duty to her son in not making provision for him. He expressed the view: that the income from the estate should be paid .to the son, and that half the capital should go to his children on his death.

. The plaintiff was Frederick George Kennedy, 'aged 55, for whom- Mr. H. F. O'Leary and with him Mr. N. T. Gillespie appeared. Mr. j. F. B. Stevenson appeared -for- the New Zealand Institute for the Blind, one ofjhe^bTgneflciaries, Mr. F. C. Spratt for" the Nuffield Trust, the other beneficiary, and Mr. D. W. Virtue for the trustees of the will.

Mr. O'Leary described the case as an extraordinary one for the reason that the testatrix, Edith Millicent Ken-< nedy, left all her estate, which was valued at £ 4634, to charitable organisations, and completely ignored her son, who was totally blind. She died in August, 1943, at the age of 74, the will having been made in 1940. In his affidavit, the plaintiff said that he was employed at Addington railway workshops in 1928 when he lost the sight of one eye. . He resumed work but in March, 1929, he lost the sight of the other in an accident. He received £2000 compensation, -and his workmates subscribed £750 for him to enable him to buy his house. His mother gave him £200 as a deposit on ™f__ h°use- H ls net income now was ,•* » v, ;L health was Sood, but his wife s health was poor. The whole of at■ Vffif* s estate was left to the SrS? ld5 rust and the Institute for the ;»+!?" > c -was not mentioned in his mother's will. He was the only son, foAnt E ?sel ?u^ested that the mother ™nf & s existence when she made her II if 1? was instructed to ask that tiff's 6State Should becwne Plain" Mr. Virtue said that among the personal effects of the testatrix was a photograph of her with a girl, and the trL'stees u had wondered if there was a daughter anywhere. SETTLEMENT SUGGESTED. InML S?£ att S- aJ d they had suggested }? a y +?! r J lde' as a basi S of negotiation that the income from the estate t?ff w 6 ,? vailable t0 the plainT& +* V^ had not been acceptable. The testatrix might have had very T*° dv,le^ nsJ or leavin^ her money of fh d id- + -l hey had only the word bPtwPPnP T US aS, t0 the relationship between him and the testatrix It was an extraordinary fact that though the son suffered the calamity of blinddouble the income he now receives upd a u&^ ich he ™ ■«• KS; caStilS^ e,yMnS?"iuggested that the a^s.ffi'&a.asr™- go to the . His Honour said he would like mnrp S f + O™ftion, and time must be g^veS Plamtiff Uw, ef/t? ma¥ certain that^e piamtut was the only child It rm geared to him that the testatrix had" cnaiged. The son was totally blind have no doubt that provision Thonlri be made and the will altered to a very