A WIDOWER'S CLAIM.

New Zealand Herald, Volume XLIX, Issue 14895, 22 January 1912, Page 8

A WIDOWER'S CLAIM.

TRANSFERRED PROPERTY. '

[ST T«LEO»APH.— TKESS ASSOCIATION.] . WstWNQTON, Sunday. At the Supreme Court yesterday Mr. .Justice Chapman delivered judgment in the action of Campbell, Colquhoun v. the Public Trustee, a claim for maintenance under section 33 of the Family Protection Act. . ■ . "' ■'< His Honor said that a great deal of the evidence and argument supported the claim .made by plaintiff that the estate of testatrix really belonged to him under the arrangement made between them, they being husband and wife.. It was shown by. affidavit that the property originally came from plaintiff, and that he had transferred it to testatrix. His Honor made an order— (1) " That the pecuniary legacies be exonerated from the incidence of this order; (2) that the income of the residuary estate be subject to provisions of this order; (3) that out of such income the Public Trustee accumulate the sum of £200, or so much thereof as can consistently with parrying out this order be accumulated, such sum to be retained by him to meet requirements hereof." It was also ordered " That in any half-vear in which, in the opinion of the Public Trustee, plaintiff's income falls below £50, the Public Trustee shall, subject to the provisions hereof, make it up to £50 for that half-year, so far as the income of residuary estate, including the said sum of £200, will admit of his doing so; ■ also, in case of any special emergency, or in case the plaintiff through illness, accident, or other cause, has been obliged to incur special expenses which he is not able to meet, he may make application, or the Public Trustee may apply to vary "ithjs order. This order may be varied' by a judge, and leave is reserved to the parties to.apply generally." Plaintiff was allowed for fas costs £10 10a out of the estate, and the Public Trustee was allowed his costs o.it of the estate.