SON REINSTATED IN FATHER’S WILL

Manawatu Times, Volume LIV, Issue 6811, 15 January 1929, Page 3

SON REINSTATED IN FATHER’S WILL

SHOULD NOT HAVE BEEN LEFT OUT.

His Honour, Mr. Justice Smith, has ferwarded to the Palmerston North Supreme Court his reserved decision in the petition by Albert Arthur Whittaker, of Feilding, for consideration under his deceased father’s will. “I am not satisfied that on the evidence before the Court, the testator was justified in completely omitting plaintiff from his will,” stated his Honour. “He suffers from heart disease and his earning power depends on physical exertion. His proper maintenance and support should entail some provision that he can take periods of rest at a later stage in his life. I think he took the farm off his father’s hands in very difficult times and while he did not make the success of it that he should have done, I do not think his father was justified in completely excluding him from his will.”

After a consideration of all the circumstances, his Honou-r thought that after the widow’s death or remarriage, the plaintiff should receive 2300, such amount to be charged against the interest in the estate of J. H. Whittaker and J. R. Whittaker. At the hearing,' Mr. Cullinano appeared for plaintiff, Mr. Graham for the executors and Mr. Cooper for ih9 beneficiaries.