APPEAL COURT.

Manawatu Standard, Volume LI, Issue 180, 2 July 1931, Page 8

APPEAL COURT.

CLAIM FOR SHARE OF ESTATE

Per Press Association

WELLINGTON, July 2. In the Appeal Court case in which an application is filed under the Family Protection Act for the proper maintenance and support of Mrs Isabella Kinnear Butchart out of the estate of her husband, the late Mr David Butchart, Mr P. Levi, for appellant, ptated that Mr David Butchart had no estate of liis own.

Under the law of Scotland a testator could not totally disinherit his wife and children. One-third of the personalty or movables went to the •widow and one-third to the children, and one-third was at the testator’s disposal. In regard to the realty, the wiaow was entitled to one-third of the income during lrer life if the realty was in Scotland, but in this case the realty was in New Zealand, and he submitted that the Court could deal with it under section two of the Family Protection Act. Only about half of the realty had been realised owing to the state of the markets. Mr Cornish, for Mrs Paxton, submitted that the application was one for Scottish law. ~ The testator was never in New Zealand, and was subject to Scottish law. * Mr Justice Herdman pointed out that the testator had property in New Zealand and children in New ZeaAir Cornish contended that the liability for maintenance was a question of the law of domicile and in this case the domicile was Scotland; therefore, there was nothing the court could take cognisance of. Decision was reserved.