WIDOW'S CLAIM FAILS.

New Zealand Herald, Volume LXVI, Issue 20402, 2 November 1929, Page 16

WIDOW'S CLAIM FAILS.

SUM OF £9OOO SUFFICIENT.

MONEY UNDER HUSBAND'S WILL

[by telegraph.—own correspondent.] CHRISTCIIURCH. Friday.

A claim that £9247 bequeathed to her hy her late husband, Bertie Cecil Rutherford, was inadequate to allow her to keep up the status she enjoyed during the nine months of married life before his death, was. made by Mrs. Rutherford, a minor, who sought further provision under the Family Protection Act in the Supreme Court to-day. Claimant brought the action through her guardian ad litem, George Cecil Deriett. Defendants in the case were Harry Mack ay Overton, of Lakeside, farmer, and George Harkness Buchanan, of Christchurch, solicitor, executors and trustees. Testator died in March this year, leaving an estate of £27,000, of which he bequeathed £9247 to his wife, who was 19 years old. There is no child. Mr. Justice Adams said the statute did not permit any more than an inquiry into whether the estate left to a widow was sufficient to her maintenance. The Court, therefore, hjid nothing to do with whether a will was liberal or unjust or eccentric. After hearing evidence and the addresses of counsel. His Honor said he was satisfied that the testator had made adequate provision for his widow. It was obvi ous that the standard of living alleged was purely imaginary. The parties had not lived together long enough to establish a standard, and the testator's circumstances had been insufficient to permit his maintaining such an establishment as was alleged. The application would be dismissed.