THE PLIMMER CASE,

Hawera & Normanby Star, Volume LI, Issue 9139, 11 July 1906, Page 7

THE PLIMMER CASE,

WELLINGTON, July 11. Judgment was given in tihe case Janet Plimmer v. the trustees of the estate of the late John Plimmer. Plaintiff under deed of separation in 1874 received an annuity of £150. After the date of the agreement Mr Plimmer amassed considerable wealth, estimated at £38,000, and the Chief Justice and Justice Cooper had held that the covenant in the deed of separation did not preclude Mrs Plimmer from making application and awarded her £1000 out of the estate. From this decision the trustees of the will appealed. >

Mr Justice Edwards delivered the main judgment to the effect that the Court had no power to grant a lump sum. The appeal was allowed, and Mrs Plimmer, in stead of receiving a lump sum, was to be paid £100 a year from the date of th* testator's death. The Chief Justice dis sented, holding that the Court had power to grant a lump sum.