MAINTENANCE OF A CHILD.

New Zealand Herald, Volume LXI, Issue 18679, 8 April 1924, Page 5

MAINTENANCE OF A CHILD.

POSITION UNDER A WILL. UNDERTAKING BY EXECUTOR An order under the Family Protection Act was sought from Mr. Justice Herdman in the Supreme Court yesterday, to provide for the proper maintenance of an infant, Theresa Gertrude Phyllis Munro Tidyman, -from the estate of William Tidyman, a grocer, of Heme Bay, deceased. Mr. Leary appeared for W. J. Cook, whom His Honor yesterday appointed guardian 3d litem. Mr. Con Jan represented R. L. Tidyman, the defendant, who was executor under the will. Mr. Conlan stated that the value of the estate was about £2000, and the executor had brought the proceedings in order that the child's interests might be fairly dealt with. An arrangement had been entered into between the executor and the guardian ad litem whereby Tjdyman had agreed to hand to the Public .f rus . tee two-thirds of the cash in an °' thereby securing an income of at least £25 a quarter for the child He had also l . undertaken to give the child, nail the balance of any money left when she attained the age of 21 - ¥, r Lea said that Toyman had acted J ",/ and fairly in arranging for the child, interests ' and it was apparent he had her welfare at heart. Counsel was satisfied the child had received fair treatment. His Honor made the order asked for Mr. Conlan pointed out that, apart from the application brought under the Family Protection Act, another application was made some months aro by Pnineas Edward Munro, home trainer, £ ierslie seeking custody of the child, ■the matter then came before Mr. Justice Stringer, and through a misunderstand- !, £i, ,iTk® £°? ns< ? 1 he ■ case was dealt with, although it should have been stood over. Subsequently the position was explained to Mr. Justice Stringer, and he then made an order reversing the prior one, and to the cffect that the matter bo dealt with de novo. Mr. Justice Herdman: Surely Munro can have no claim on the child? ,•* / p on ' an said he did not wish his client to leave for Australia while the application was pending, as it might then appear that that defendant was. anxious diction 076 self from the Cost's jurisHis Honor said he would hear the matter again this morning, and lie directed that Mr. Hall Skelton, who, when the matter was before Mr. Justice Stringer, had appeared for Munro, tie •instructed to be present.