MATTER OF MAINTENANCE.

New Zealand Herald, Volume LIX, Issue 18206, 27 September 1922, Page 7

MATTER OF MAINTENANCE.

PROVISION UNDER A WILL. INCREASED AMOUNT REFUSED, An application by Leah Lillian Inder (Mr. R. P. Hunt) for an increase in-her maintenance allowance from the estate of her late husband, W. F. Inder, solicitor, of Gore, Southland, waß heard before Mr. Justice Herdman at the Supreme Court yesterday. His Honor dismissed the application. Mr. Hunt said that in 1917 the Court made an interim order under which plaintiff had been receiving £10 a month, but Mrs. Inder alleged that this was insufficient in view of her chronic ill-health. Mr. A. L. Denniston, for the executor of the estate, Mr. D. Harvey, of Gore,' opposed the application on the ground that the amount at present received by plaintiff was all the estate could permit with justice to the other legatees. He submitted that plaintiff could receive treatment at the public hospital instead of at a private institution, thus reducing her expenses. Mr. E. W. Inder, who appeared for Daphne Myrtle Inder, daughter of the deceased, said that his client was in receipt of only 30s 4 week from her father's estate. To meet all demands upon the estate the capital had had to bo encroached upon, consequently it wonld not be possible to meet any additional chaiges. Mr. T. N. Holmden appeared for Jane Matthews, another legatee, but His Honor intimated that there was*no necessity for him to address the Court. In giving judgment, His Honor said his particular reason for deciding that the application should be refused was that two other Judges had already considered Mrs. Inder's case. Mr. Justice Stringer had made an order for £8 a month in her favour, and in February, 1917, Mr. Justice Cooper granted ap additional £2. The state of plaintiff's health must have been referred to, as in the applications filed in the present proceedings .she swore she had been in ill-health ever since her husband died in 1916. The annual income from the estate was £184, while the total claims were £208 per annum. Plaintiff should.go into a public hospital for treatment, or be treated as an outpatient. Mr. "Inder applied for costs. His Honor: I understand that £WU has been absorbed in legal expenses in determining what plaintiff should get. Mr. Denniston: I am afraid that is B °'MrT Inder: That includes cost of probate and stamp duty. ' His Honor allowed £5 5s costs to the executor of the estate and £3 3s «ach to Mr. Inder and Mr. Holmden.