CLAIM AGAINST ESTATE

Nelson Evening Mail, Volume LXXI, 11 September 1937, Page 15

CLAIM AGAINST ESTATE

WORK MONK lIK FORK OKATII I’LA INT IFF NON-SIiITKO lliv Telegraph-I'ruHH Ahhocm-ukil A I "OK LAND, Dili September. "I personally think the law is inequitable, ami in this ease I think it will work an injustice,” said Mr ,Justice Ostlei, in tin- Supreme Court, in non-suit-ing a nun l ied woman, who brought, a (lain, against the executors of an estate, plaint ill' was Mrs Sarah Lizzie Sutherland, wlio claimed (-223 from R. I’. Towle and A. IV < ooper. solicitors, as e.\'l ulors and trustees of the estate of Alexander Hastings, a retired bakin'. Plaintiff alleged that from 1930 to July, 1935, she did domestic and nursing services for Hastings and his wife, and purchased articles and paid train and tram affairs on their account. She claimed that her services were gi\en at the request of Hastings or Ids wile on the express understanding that payment should be made by a pnnision in Hastings’ will, lie died in March, 1936, leaving an estate valued at 112911. Plaintiff said there was no provision for her in the' will. "1 think there was a contract but it is not enforceable,” said his Honour. The law stated clearly that a person who did work for a testator on the understanding that he would be paid by a legacy under a will, had no claim against the executors if the testator failed to make provision in the will. He regretted lie had no option but to grant the non-suit moved for because the law on the point wits very clear. “A Judge is sworn to do justice according to the law, and not in accordance with his own personal idea of juslice,” his Honour added.