PROVISION FOR WIDOW.

New Zealand Herald, Volume LXVII, Issue 20561, 12 May 1930, Page 14

PROVISION FOR WIDOW.

ESTATE OF FEILDING MAN

COURT GRANTS INCREASE,

[iif TELEGRAPH. —PRESS ASSOCIATION*. ]

PALMERSTOX NORTH, Saturday

When tho kite James Trewin. of Feilding, died leaving an estate valued at nearly £19,000, tho provision he made for his wife was an annuity of £260, and a large houso and grounds at Feilding. 'lhe greater part of the estate, comprising the residue, was left as a fund to provide relief for the indigent poor of the testator's native parish of St. Swithins, Cornwall.

In addition, there was a bequest ot £IOOO made to provide a clock and bell tower for St. Swithins' church, and £SOO left to Truro Cathedral. The testator stipulated, however, that his widow, who is in her 83rd year, should maintain the house and grounds left to her to the satisfaction of the executor named in the will, the Public Trustee.

The widow, Elizabeth Trewin., applied to the Supreme Court under the Family Protection Act, seeking further provision. It was contended on her behalf that the annual cost of maintenance of the house and grounds was £l6B, and that her state of health was such that sho was compelled to em play a personal attendant and a charwoman at an annual cost of £129. This sum, together with tho cost of maintenance of the grounds, it was argued, made an annual outgoing of about £3OO a year, to meet which the widow had only £260, the annuity left under the will. Tho application was opposed by tho Public Trustee, but. after hearing argument, the Chief Justice, Sir Michael Mvers, made an order granting: tho widow an increased allowance to allow her to receive £468 a year during her lifetime. Having regard to the circumstances, an extract from the West Briton and Cornwall Advertiser, of March 20, is of interest. The extract is from an article in that paper dealing with tho late Sir. Trewin's bequest to tho poor of St. Swithins. It is as follows: —

"The majority of the parish is engaged in granite quarrying and agriculture. There are only a few unemployed in the parish and only a small number of cases of real poverty, although thero is a large number of p'eoplo whoso earnings aro slender."

Mr. Graham, for petitioner, submitted that the applicant had been of very great assistance to her husband in amassing the fortune which ho left. She worked for him sewing shoes both in England and New Zealand during their early life, and 110 submitted that the income left to support her in her old age was totally inadequate. Death duties in the estate were stated to be £4500, which counsel considered unreasonably high. With all deductions, including death duties, the residue of the estate would produce an annual income of £6lO. ' Mr. Kelly, for the public trustee, explained that death duties were high 011 account of the fact that the amounts bad been loft to charities ontsido New Zealand. 011 which double rates wero charged. His Honor (smilingly): Ilow much do you want? As must as you can get, I suppose. Air. Graham: The lady only wants what she considers her just dues. His Honor: She is an old lady and she cannot live very long. He certainly did not leave her adequately provided for.

His Honor stated that tho circumstances were special in this case, tho estate was largo, the widow's ago was great, and there wore no conflicting interests. Under the circumstances ho thought that without creating a precedent ho would increase the widow's allowance to £468 a year from tho dato of testator's death. This would not infringe the legacy of £IOO a year to testator's sister.