MURDERED MAN'S WILL.

Manawatu Standard, Volume XLI, Issue 9740, 4 March 1914, Page 7

MURDERED MAN'S WILL.

AN UNUSUAL CASE. CLAIM UNDER FAMILY PROTECTION ACT. (Peb Press Association.) WELLINGTON, Feb. 27. A claim under the Family Protection Act was hoard in the Supreme Court to-day before the Chief Justice. Elizabeth Mabel Murphy prayed for relief for her children out of the estate of John Pollard Snook. The deceased, Snook, is supposed to have been murdered in the Trarlsvaal some years ago, by a gang of robbers, while following the occupation of goldminer. Under his will his mother, seventy-three years of age., was made the sole beneficiary, the estate producing £3lO, the proceeds of a life insurance policy. Sir John Findlay said Mrs Murphy, formerly Mrs Snook, had had a very unhappy married life, and in 19()i obtained a divorce from her husband on the grounds of misconduct. For some time before the proceedings in divorce were brought Mrs Murphy practically maintained her husband, herself and children, and in 1895 she insured her life and induced her husband to insure his. During the years intervening she paid all the premiums and kept the policies alive. After the divorce her husband disappeared, and went to South Africa. Since that time he never contributed a farthing to the maintenance of the family of two children. The girl, aged sixteen years, was dependent upon the charity of an orphanage; the son, aged twenty, was willing to forego any claim he might have on the estate, that his portion might go to increase any benefit his sister might receive.

Evidence on affidavit disclosed the fact that, Mrs Murphy had been thrice married. After divorcing Snook she married a man named Fuller, and on the latter's death she married a man named Murphy, with whom she was not now living. In his decision his Honor said that in his opinion there should be some allowance made to the girl. The son. however, should now he quite capable of earning his own living. The person who had been most wronged was Mrs Murphy, but unfortunately he had no power to give her. any assistance. Slie had been grievously wronged by the deceased testator. Ho could not allow the whole of the estate to go to the deceased's mother. His Honor made an order directing that £IOO of the estate should be devoted to the benefit of the girl, and that the remainder should be paid to the mother of the deceased.