Sought Revision Of Father's Will

Northern Advocate, 3 December 1947, Page 4

Sought Revision Of Father's Will

AUCKLAND, Wed. (P.A.)—Under the Family Protection Act, an application by a son for further provision out of his father’s estate was heard by Mr Justice Blair yesterday. The plaintiff was Colin Hunter Civil, Kerikeri. whose father, William Civil, of Papatoetoe, builder, died on December 23 last, leaving an estate consisting almost entirely of a house valued at £1255. Mr Hunt appeared for the executor of the estate, William Atkinson, to submit to the order of the court. A sister-in-law of the deceased, Marie Elizabeth Hunter, and her husband, William Inglis Hunter, of Papatoetoe, were represented by Mr Lennard. LIFE TENANCY Mr Hunt said the deceased had given Mrs Hunter the life tenancy of his house. On her death the place was to be sold, and, after payment of £3OO to her husband, the residue was to go to the plaintiff, C. H. Civil. Mr Drummond, for the plaintiff, said the widow of the deceased was making no claim. The son had no present benefit from the estate, and so far it had only been a liability to him. 111-health had compelled him to abandon a fishing venture at Kerikeri, and his wife was in ill health. They were living with her people—seven of them in a five roomed house at Kerikeri. He was anxious to develop a fruit farm on a property his mother was buying, but capital was required for this. Mr Drummond suggested that one party buy out the other. Mr Lennard submitted that this was asking the court entirely to recast the will and to wreck the whole scheme. WRITTEN DECISION His Honor gave a written decision revoking the gift of £3OO to W. I. Hunter and providing that immediately upon the determination of Mrs Hunter’s life interest in the property at Papatoetoe the plaintiff, C. H. Civil, shall become entitled to the whole property. The general costs of the estate are to be borne proportionately by the plaintiff and Mrs Hunter.