A WILL CASE.

Gisborne Times, Volume LXVIII, Issue 10751, 23 November 1928, Page 3

A WILL CASE.

01,AIM FOR ADDITIONAL MAINTENANCE..

An originating summons under the Family Protection Act, in which Mrs Dorothy A. D. DeLautour,' of Auckland, proceeded against James \Vrey Nolan, seeking reasonable provision for her maintenance under the will of her father, Wm. 0. M. Maunsell, was heard by Mr Justice Ostler in the Supreme Court yesterday, .Mr, A. J. Stock represented the plaintiff and Mr F. W. Nolan the defendant.

ft was shown that under the will after providing for legacies to plaintiff’s children, the testator’s son received the whole of the estate, valued at nearly £II,OOO, whilst the daughter, .Mrs dcLautour, hail W-n left certain property in Gisborne and certain moneys had been invested, the total value of which, including her equity in her Auckland home, was nearly £-1000. Evidence was given bv the plaintiff that her net income from the land and investments was £BO, and of her four children only one was able to contribute towards his support. For the defence Air Nolan submitted that the testator during his hfetime had settled land on the plaintiff and had made- investments tor ber,and in view of this fact, and that she had seemed satisfied, lie submitted no new provision should be introduced into the will. His Honor, however, held that had the testator foreseen that his daughter would come to a time when her health would nrevent her from maintaining herself, he wou'd have provided "more for her under his will.Rc therefore ordered sufficient of the capital to be set aside b v the trustees to provide Mrs dcLautour with an income of £7O per annum.