“Living Most Humbly”

Manawatu Times, Volume LIV, Issue 7196, 30 June 1933, Page 7

“Living Most Humbly”

lady Hunter’s appeal. DISMISSED BY COURT OE APPEAL Per Press Association. WELLINGTON, Juno 29. The Appeal Court dismissed Lady Hunter’s appeal for maintenance from the capital of the late Sir George Hunter's-estate. When the Court sat for tho resumption of the appeal, tho Courthoueo was packed with spectators, a large proportion of whom comprised smartly dressed women, who displayed great interest in the proceedings. Continuing her address, Lady Hunter said she had been living most humbly during the past twelve months. The allowance she received in the main had been used to stave off creditors. She had maintained her family by the sale of small articles and personal effects since her husband’s death. She repeated that she was faced with bankruptcy unless an increased allowance was given her. She had been unable to find any case in tho law reports as tragic as her own. Mr W. Perry, for Lady Hunter’s infant daughter, said he supported the appeal of Lady Hunter and the interests of the child in this matter were the same as those of the mother. He submitted that the order made by Mr Justice Blair was not a final order and that an increase could be given to Lady Iluntor. Sir Michael Myers, the Chief Justice, said he had grave doubts that an order should ever have been made. The basis of the Court’s jurisdiction was that testator should have failed in his moral duty. It seemed to him that it could not be said that Sir George Hunter had so failed. So far as tho child was concerned he thought tho proper procedure for her was to apply for an order under the Eamily Protection Act, but so far as the widow was concerned the proper application should have been for the trustee to apply for an order for payment out of capital. Mr Cornish, counsel for the trustee, said his client was quite agreeable to such an application being made. Indeed that suggestion had been placed by him before Mr Justice Blair.