WIFE OR NO WIFE.

New Zealand Herald, Volume LXI, Issue 18703, 8 May 1924, Page 10

WIFE OR NO WIFE.

EXTRAORDINARY WILL CASE. , A BIGAMIST"S BEQUEST. fay tklxcjrape.—own. correspondent.] CHRISTCHUKCH, Wednesday. When a man has been living .in bigamy and dies leaving a will in favour of "my wife," what is to be done with it? This little problem was submitted to Mr. Justice .Adams in the Supreme Court today, in regard to the estate of Fred William Collins, a baker, formerly resident in Edgeware Road, Christchurch, who died in May, 1922. It was not disputed that Collins had lived 23 years in New Zealand with one wife, while another, whom he had married in Staffordshire, in 1885, was still living. Both women now claim £150 a year for life, which Collins left to "my wife" in his last will and testament.

The proceedings were brought in the form of an originating summons. The parties were James Stephen Day, manager of the Dominion Trust Company, • executor under the last will, plaintiff, and the following defendants: Emily Sophia Collins, widow, of Christchurch j Charlotte Jane Collins, widow, of Bilston, Staffordshire; . and certain nephews and nieces of deceased who are : residuary legatees. ; ■.. Mr. C. S. Thomas appeared for the plaintiff, Mr. A. T. Donnelly for , the New Zealand wife, Mr. W. It. Lascellea for the wife in England, and Mr. 0. T. J. Alpers for the English residuary legatees. The history of the deceased's matrimonial affairs was set out fully in affidavits. Collins married Charlotte Jane Smart, a widow, in November, 1885, at Bilston, Staffordshire, lived with her for four years, and then deserted her. There was one child, who died in infancy. Collins came to New Zealand and' worked in various parts of Canterbury. In November, 1899, ho married Emily Sophia Peto at Christchurch. She had 1 some, means, and assisted him to the extent of about £500, and he was soon able to set up as a baker and storekeeper at Tempfeton, afterwards buying a bakery business at St. Albans. His wife kept the books of the business, and helped him ! so well that when he died his estate was sworn } for probate at £1878- After he went to Templeton an illegitimate son of his, aged nine years, was sent out from England and lived wit}} him. In 1919 this son, who was in England: as a soldier, began to make ' inquiries about his own origin, because his father would never tell aim. In doing so he unearthed fit Wolverhampton a certificate of his father's marriage to Charlotte Jane Smart, whom he found to be still living, but who turned out to be not hia mother. He wrote to his father, and obtained in return a letter which he considered to be an admission of bigamy. In April, 1922, Collins was ill, and mads a simplo •will, just before bfeing taken to the hospital, making "my wife the sole executrix. A second will was made in hospital, leaving £150 a . year " free of all charges to my wife." The second will was proved a year later. The wife in England claimed the estate. Mr. Donnelly maintained that the use of the words "my wifq" indicated testator's intention to bequeath the money to 'his de facto wife. • Mr. Alpers took his stand upon the rule of law that where a will was explicit extrinsic evidence # as to its meaning could not be admitted. "Wife" meant legal wife. In wills In which the term "wife" was held to apply to a mistress tfaere had been no legal wife. His Honor said he would take time .to consider his decision. >