INTERESTING WILL CASE

Manawatu Standard, Volume L, Issue 137, 9 May 1930, Page 8

INTERESTING WILL CASE

WIDOW’S APPLICATION. INCREASE IN ANNUITY. An application under tho Family Protection Act was mado by Elizabeth Trcwin, widow, of Feilding, against tho Public Trustee, executor of tho will of the late James Trcwin in tho Palmerston North Supremo Court before His Honour tho Chief Justice, Sir Michael Myers, this morning. Mr IT. F. Johnston, K.C., and Mr F. E. Kelly, of Wellington, represented tho Public Trustee, and Mr J. E. Graham, of Feilding, appeared for tho applicant. Tho applicant asked that tho court should increase the annuity of £260 granted to her under her late husband’s will, which had been proved at nearly £19,0G0. Tho bulk of this money had been bequeathed to charity. Tho aplicant, who gave her evidence on affidavit, stated that her husband died at Feilding on March 11, 1930, leaving a will with assets proved at £18,943. The widow was tiie only survivor, there being no chiluren. The only child of the marriage had died in 1911. Plaintiff would be Be years of ago in September. She was married in lofO in England. At tho timo of the marriage deceased was a shoemaker working tor his father in tho town of Redruth, Cornwall. Deceased carried on business in England for a number of years, having the assistance of bis wife. The couple migrated to New Zealand anyl the husband started business as a shoemaker at Sandon, where be remained for nine and a-half years. He then went to Feilding and carried on business for 20 years, the nucleus of the fortune being amassed there. The widow had worked assiduously at her husband’s trade and had given lnm every assistance. After retiring from business, deceased took up his residence at Feilding in a house in Kimbolton Road. This house comprised nine large rooms and stood in one acre of land beautifully laid out. Tho deceased took a very keen interest in the gardens and devoted to them a great deal of his time and labour in addition to employing outside labour. Under a clause in the will the trustee was directed to permit the applicant to occupy tho hqusc during her lifetime, subject to payment of cli outgoings, and subject to her keeping the house and grounds in good order. Under another clause the trustee was directed to pay to the widow tho annual sum of £260. No further provision was made for tho applicant in the will. It was pointed out by applicant in the affidavit that the annual insurance premium was £6 0s lOd, rate 3 £l2 3s 7d, gardener £124 16s, repairs and maintenance £25, total £l6B 0s sd. Tho house would shortly require painting, which would cost a further £75. The widow bad no moans, and was never given any property or money by the deceased during his lifetime other than sufficient to meet current expenses. Her husband had always told her that lie would leave her a lump sum, and that she would be amply provided for at his death. Applicant deposed that she did not enjoy good health, and it was necessary for her to employ a woman to look after her wants and do the house work. ’I his involved further expenditure. The furniture and a motor-car tiad been bequeathed to the widow. The applicant considered that tho provision made for her by the will was totally inadequate for her needs and requirements, and she was desirous that the court should order some further provision to be made to her out of the estate. DETAILS OF WILL. The will, which was produced by Mr Graham in Court, made specific bequests as follow: £l5O to the Feilding Borough Council; £IOO a year for Eliza Trew in, a sister of decoased; two sums of £lO5 and £525 to St. John’s Church, Feilding, provided the erection of a new church is commenced within twenty-one years from the death of tho widow of the deceased; furniture and household effects and a life interest in tho dwelling in Feilding to the widow. , ~, Subject to the foregoing, the will directs that the residuary estato shall ho invested and the income applied as follows: £260 a year for tho widow during her life; tho balance of the income to accumulate’ until twenty-one years after the death of tho testator, and such accumulations of income to be paid to the Anglican Church of St. Stithins. After the oxpiration of twenty-one years from the death of the testator tho trustee is directed o invest tho incomo from tho residuary estate upon trust for the relief of the indigent poor of tho parish of St. Stithins in the city of Truro in Cornwall. Mr Johnston said that while he was loath to oppose the application it was his duty to do so and the duty of the Public Trustee to see that the conditions of the will are adhered to. Mr Graham pointed out that the death duties had amounted to about £4OOO. His Honour : That seems to he an extraordinary amount. Mr Kelly explained that charity bequests wero dutiable, while double duties were payable on foreign charitable bequests. Mr Johnston observed that the will was a charitable one, and showed the testator to bo a man of high morals. His Honour: I have to consider that tho object of the testator was that his wife should occupy the houso and not let it, and that she requires someone to look after her. Tho testator has evidently overlooked some points. Mr Johnston pointed out that the garden was only required to be kept in order to tho satisfaction of the trustee. The latter would bo satisfied if a gardener were employed one day a week instead of three, as was suggested. His Honour: I appreciate that, hut it is clear that the old lady must ho provided for. Mr Johnston: It is a question of fixing an adequate sum without providing a living for anyone else. Tho testator evidently did not wish the money he had acquired by thrift to bo frittered away. Mr Johnston submitted that if tho widow could not live on her annuity she could let the house and live elsewhere. This was following out the letter of the will. His Honour: She will have to live in a house. Mr Johnston : Her ago has raised questions that were not anticipated by the testator. Without reflecting on him, he made an error in not talcing into consideration this point. His Honour : This is a special case, and my opinion is that £468 per annum would be a fair allowance. An order for this amount was made, the money to be paid from the date of testator’s death, and the costs of all parties to bo paid out of the testator’s estate.