VARIATION OF WILL.

New Zealand Herald, Volume LXIV, Issue 19607, 8 April 1927, Page 13

VARIATION OF WILL.

EXCLUDED CHILD TO SHARE. PORTION OUT OF RESIDUE. "Pie has been brought a trade which is more or less moribund, and he is too old to turn to a more profitable occupation," --said Mr. Justice Stringer, in delivering judgment in the Supreme Court yesterday altering the will of the late William Smith to provide £4OO for a son, Robert Arthur Smith, saddler. ■ His Honor said the testator had died in 1919, leaving his estate, to his wife" with the provision that after her death a portion should be bequeathed to grandchildren and the residue divided between three children. Plaintiff and two other children had been excluded, and on the death of testator's widow in 1925, a residue of £3IOO became available for the three children provided for. Plaintiff was the only claimant of the three children excluded. He was 51 years of age. His four children were not dependent on him. "He is just able to earn a bare living and I am satisfied his necessities were and still are as great as those of the family to whom the whole of tho residue of the estajp was givenj" said His Honor. "I am satisfied the testator unjustly excluded the plaintiff from taking any benefit" continued His Honour. After remarking that he would not necessarily place plaintiff on the same footing as the three beneficiaries chosen by the testator, His Honor ordered that he should receive £4OO out of the residue of the estate, payable at the discretion of the Public Trustee, and deducted in equal shares from the portions allotted to the three legatees.