MOTHER'S SUPPORT.

New Zealand Herald, Volume LXVII, Issue 20554, 3 May 1930, Page 15

MOTHER'S SUPPORT.

BROTHER SUES BROTHER.

COURT ORDERS PAYMENT.

BENEFIT UNDER FATHER'S WILL

[ny TELEGRAPH. —OWN CORRESPONDENT. ] HAMILTON, Friday. Evidence of strained relations between members of a family was givon in the Hamilton Magistrate's Court to-day, when Richard Levis, farmer, Newstead (Mr. N. S. Johnson) applied for. an order requiring his brother, George Adam Levis, farmer, Newstead (Mr. C. L. MacDiarmid), to contribute toward the maintenance of their aged invalid mother. Mr. Johnson said complainant's father died last year and left a widow, three married sons, three married daughters and a single daughter. The complainant paid his father's funeral expenses, and ho contributed 10s a week toward the maintenance of his mother. Another brother, James, provided her with a free house at Manurewa. Tho three married daughters contributed 2s 6d a week and the single daughter looked after her mother. Sole Beneficiary. Defendant, George Adam Levis, was tho sole beneficiary under his father's will, receiving over £3OO in cash from an insurance policy which had been assigned to him. He had not given a penny to his mother or contributed to her maintenance. There was a sum of £l5O held in trust by a son-in-law, pending an application for letters of administration.

Complainant, Richard Levis, said in evidence that his father died in October, 1929, at witness' house at Newstead. Witness was married, but had no living children. Defendant was married, with three children, and lived at Newstead. Their mother, who was 76 years of ago, was a. chronic invalid, and had to have constant attendance.

Witness' father left a will bequeathing to dofondant his estate, which he had said consisted only of his insurance policy. As far as ho knew his brother had received this amount. Defendant had given nothing toward his mother's maintenance and had refused to contribute. Ho had not spoken to his mother for six years prior to his father's death. Defendant had a farm and should be clearing £2OO a year. Fund in Estate. To Mr. MacDiarmid, witness said he thought his mother should have received his father's insurance money. Witness would not say he had been informed that there was a fund in the estate from which he could be reimbursed for the funeral expenses. Mr. MacDiarmid said the only matter for the Court to decide was the amount defendant could pay. His circumstances were not good. 110 had lost the freehold of his property and had to pay rent under the lease, as well as meet other obligations. There was £l5O in the estato which would be available to the mother if sho applied for letters of administration. Defendant gave evidence that he had been unable to meet his obligations to the Lands Department. As a result he had surrendered the freehold of his property and had given an order for one-third of his milk cheques to the department to ensure the payment of the rent. Expenses. Witness said he was married and had three living children. One died last year, and before it died it had involved him in an expenditure of £7O. while he had paid £2O for an operation ori his wife. He received £330 under his father's will, and had spent £230 of the money in meeting his obligations. To Mr. Johnson, witness said ho had still £IOO of the money he had received. Ho had never been asked to contribute toward the cost of his mother's maintenance. He had offered 5s a week. It did not occur to him to send her some of the money he had received from his father. When ho went to speak to his mother at his father's funeral, sho indicated that she did not want to have anything to do with him. His net receipts last °year totalled £295. His stock was not encumbered.

The magistrate, Mr. Wyvern Wilson, said that if he had authority he would make an order for the payment of £2O for past maintenance and 10s a week., As this authority did not exist, ho would order defendant to contribute 15s a week toward his mother's maintenance.