Widow's Income Increased By Court

Manawatu Times, Volume LV, Issue 7413, 22 December 1930, Page 6

Widow's Income Increased By Court

Per Press Association. WELLINGTON, Last Night. Reserved judgment was given by Judge Ostler to-day in the case in which Mary Mackiu proceeded under the Family Protection Act for an allowance greater than that made under the will of her late husband, Dr. Patrick Mackin, of Wellington. His Houour said it seemed clear from the evidence that the testator intended to leave his wife £IOOO a year for life and he thought £17,000 sufficient to produce such an income at the time of his death. The value of money on firstclass security was 01 per cent. Lvcn at six per cent. £17,000 would produce an income of more than £IOOO a year. Owing to the funds being invested partly in Government securities and partly in tho common fund at the Public Trust Office it was estimated the net income would bo not more than £BSO. The principal was well established that a widow's claim was paramount and that she was entitled where the estate was ample to a provision to maintain her in her accustomed state of society during her husband’s lifetime. The judge said he was therefore prepared to order plaintiff ’s income for Ihc rest of her life to be made up to £IOOO a year and expressed the opinion that the increased provision should come from charitable and religious bequests, each legacy abating proportionately in order to add a further £JOUO to the funds set aside to provide the widow’s income, in addition, ho ordered that she be paid a lump sum of £IOOO for the purchase of a house.