A WILL ALTERED.

New Zealand Herald, Volume LXVI, Issue 20323, 2 August 1929, Page 11

A WILL ALTERED.

APPLICATION BY WIDOW.

HER ANNUITY DOUBLED

SUPREME COURT DECISION. A substantial increase in her allowance has been grantod to a widow by Mr. Justice Blair in response to an application mado in tho Supremo Court under Tho Family Protection Act, 1903. Tho plaintiff was Lolitiii Harriet Parker (Mr. Vallanec), widow of John Parker, a, retired farmer, who died in Auckland last August, leaving an estate valued at over £7OOO. The. application for increased allowance was opposed by Emily Dorothy Hilton, deceased's only child, and Robert X. Moody (Mr. Finlav), the. executors of the will.

In his judgment Ilis Honor said that under tho will tho trustees v/ero to pay to the plaintiff during h£r life £lO month, tho residue of tho incomo to bo paid to Emily Dorothy Bilton. Tho executors resisted the application on the ground of the wife's conduct during her married life and because flio made application to have the. deceased committed to nil asylum. There was evidence that deceased had been subject to epileptic fits for n number of years and that his conduct became cri.nl toward bis wife.

His Honor said the plaintiff was united by marriage to an epiloptic who was subject at all limes to indulgence in conduct which, to say tho least, must have, been nerve-wracking, if not intolerable. The. fact that, she took steps to end this deplorable state of affairs could not, (o His Honor's mind, bo visited upon her as conduct entitling tho husband entirely to disregard his obligations to her. So much tho more was this the case when sho took this course under medical advice. Tho deceased';- estate should produce at least £4OO s ve.ar. Tho plaintiff was 65 years of age, and was unable to follow an occupation, and in fact required some provision for attendance upon her personal needs. Ilis Honor ordered that tho plaintiff should bo paid during her life out of the income of t'ae residuary estate a further sum of £l3O a year, making a total of £250 annuity.