LAW ALONE COUNTS.

Horowhenua Chronicle, 10 September 1937, Page 8

LAW ALONE COUNTS.

COMMENT IN SUPREME COURT ACTION

(By Telegraph—Dress Association.) AUCKLAND, Last Night.

**l personally think the law 7 is inequitable and in this case I think it will work injustice,” said Mr. Justice Ostler in the Supreme Court in nonsuiting a manned woman who brought a claim against the executors of a deceased estate. 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, Plaintiff alleged that from 1930 to July, 1935, she did domestic and nursing services for the late Mr. Hastings and his wife. She purchased articles and paid train and tram fares on their account. She claimed that her services were given at the request of Mr. Hastings or his wife on tne express understanding that payment should be made by provision in deceased’s will. He died in March, 1936, leaving an estate valued at £2911. Plaintiff said there was no provision for her in the will.

“1. think there was a contract but it is not enforceable, 7 ’ 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 in the will. He regretted he had no option but to grant a non-suit moved for because the law on the point was very clear. “A Judge is sworn to do justice according to the law and not in accordance with, his own personal idea of justice, 77 his Honour added.