DISPUTED MARRIAGE

Greymouth Evening Star, 30 August 1932, Page 5

DISPUTED MARRIAGE

HELD TO BE VALID. , ’ f [per press association.] I ~~ ,■ WELLINGTON, August 30. Reserved judgment was delivered in the Supreme Court, by his Honor, Justice Reed, in the case heard’ last week ‘ in which John Thomas William Kempton sought a declaration as to the right of the six grown-up children of the second marriage of his father to share in the estate of his grandfather. Justice Reed said he was satisfied that the only inference possible on the proved facts was that the first wife was dead, when the disputed marriage was contracted, and he made the declaration that the defendants (exclusive of the Public Trustee) were the legitimate and' lawful children of Henry William Kempton, and as such were entitled to a share according to the terms of the will in the estate of the late Thomas Kempton. His Honor said the position was that there was no acceptable evidence that the first wife was alive when the disputed marriage took place, nor was there any evidence that she died prior to that date, but the presumptions of law on the facts were that the first Mrs Kempton was dead, when the disputed marriage was contracted.