Dispute Over Will

Manawatu Times, Volume 62, Issue 258, 30 October 1937, Page 8

Dispute Over Will

APPLICATION OF CHILDREN DECLINED In the Palmerston North Supreme ! Court this week three children of the late Frederick John Tasker who died in Palmerston North on February 8 last, sought to have the will of their father altered on the ground that a greater part of the estate had been left to a fourth to the exclusion of the three applicants from an equitable share. The Hon. Mr Justice Smith heard the appication which, iu a reserved judgment delivered yesterday, he has decided not to allow. The applicants were Mrs Grace Eleaner Hughson (Hawera), Mrs Ann Emily Park (Inglewood) and George Frederick Tasker (Sydney). Defendants were the Public Trustee as administrator of the state, Mrs Christina Clara Harker (Palmerston North), Mrs Violet Mary Bee (Palmerston North) and Mrs A. A. McKay (Gisborne), the last three also being children of deceased. Mr R. J. O’Dea (Hawera) appeared for the applicants, Mr G. H. Lusk for the Public Trustee, Mr G. C. Petersen for Mesdames Harker and McKay, and Mr J. A. Grant for Mrs Bee who, although joined as a defendant, also sought additional provision from the estate. The applicants, his Honour said, made common cause in attacking the special provision in the will in favour of Mrs Harker. They did not ask the Court to make special provision for any particular applicant but that the special provisions for Mrs Harker should be modified iu favour of all parties other than Mrs Harker. The defendant Mrs McKay did not agree; she sided with Mrs Harker. “I can only say that my final impression is the same as my initial impression, namely, that none of them has a claim comparable with Mrs Harker 7 s, that the Court cannot weigh the testator’s provision too nicely, and that the applicants have not shown that the testator has failed in his moral duty to make proper and adequate provision for his children, having regard to his means, the means and deserts of tho children, and the relative urgency of their claims upon his county, 77 declared his Honour.