WILLS CONTESTED.

New Zealand Herald, Volume LXVII, Issue 20596, 21 June 1930, Page 15

WILLS CONTESTED.

SONS SEEK ASSISTANCE. ONE APPLICATION GRANTED. [BX TELEGRAPH. —OWN CORRESPONDENT. ] HAMILTON, Friday. An application was made before Mr. Justice Herdman in the Supreme Court today, under the Family Protection Act, by James Dudley Gyde, share-milker, Mercer, and Clarance Allan Gyde, labourer, Tatuanui, for provision out of the estate of their late father, William Henry Gyde, farmer, Tatuanui, who died 18 months ago. Mr. Spencer Mason appeared for the applicants, Mr. N. S. Johnson for Mrs. Elliott, a daughter of deceased, and for the executors of the estate, and Mr. J. F. Strang for Mrs. Bocock and Mrs. Williams, two sisters of deceased, who had each been left an annuity of £IOO. Both are widows.

Deceased had been farming at Tatuanui for many years, and had owned a property valued at £4OOO. The two applicants were 54 and 56 years of age respectively, and both stated that they had given their father a great deal of assistance on his farm. Clarance Gyde admitted that he did not wish to benefit at the expense of the annuitants, and he also said he was doing well and was physically fit. James Dudley Gyde based his application on the grounds that his eyesight was defective, a statement which was supported by a doctor's affidavit. His Honor directed that the position of the annuitants should not be disturbed. He did not think Clarance Gyde was entitled to relief, but thought that some provision should be made for James Dudley Gyde. It was left to counsel and the parties to come to an arrangement as to the amount.

ANNUITY FOR WIDOW.

AN INCREASE ALLOWED.

[B¥ TELEGRAPH. —OWN CORRESPONDENT.] HAMILTON, Friday.

An application by Mrs. Ruth Garlic Bern, of Tamahere, a widow, for further provision out of the estate of her late husband, Joseph Bern, farmer, Tamahere, was successfully made before Mr. Justice Herdman in the Supreme Court to-day. Deceased had farmed a property at Tamahere, valued at £10,600, for many years. He had been twice married, the only survivor of the first marriage being John Allan Bern, an adult. The survivors of the second marriage were the applicant and a son, Sidney Walter Bern, aged 16 years. The applicant was represented by Mr. J. F. Strang, the executors and J. A. Bern bv Mr. A. H. Powell, and the child, S. W. Bern, by Mr. F. A. De La Mare. The applicant was left an annuity of £l5O. Deceased had devised a portion of the farm, valued at £2700, to J. A. Bern, and the remainder to the younger son, S. W. Bern. It was stated by counsel for the applicant that the parties had agreed that the widow's annuity should be increased to £250, and His Honor concurred in the arrangement, and made an order accordingly.