ALLOWANCE FOR WIDOW

New Zealand Herald, Volume LXX, Issue 21596, 14 September 1933, Page 10

ALLOWANCE FOR WIDOW

TERMS OF WILL ALTERED FRIEND'S LEGACY REDUCED [from our own correspondent] HAMILTON, Wednesday A variation of the terms of the will of the late Captain H. R. McDonald, of Rotorua, was ordered by Mr. Justice Smith in the Hamilton Supreme Court last evening. Application was made by deceased's widow, Mrs. M. A. MoDonald, his son, Neil McDonald, and his daughter, Mrs. Dorothy O'Brien, for further relief.

Mr. Hampson appeared for the applicants, Mr. MacDiarmid for the executors, the New Zealand Insurance Company, Limited, and Mr. Gillies for Herbert McDonald, who opposed the applications. Mr. Hampson said that deceased made a will in 1926, in which he bequeathed £2 10s a week to his wife, and £2 a week to his son, Herbert. A year later he made a codicil increasing Herbert's allowance to £2 10s a week. A second will was made in 1930, from which his wife and son, Herbert, were omitted. Both Neil McDonald and Mrs. O'Brien withdrew their claims against the eitate and supported' the claim of their mother.

Deceased had been separated from his wife for eight years before his death, and apparently the only person who looked after him was Miss Black, a masseuse, to whom he left £2OO in his last will. As the decree for divorce against his wife was not made absolute it was incumbent upon him to provide for her. The estate was only worth £7OO.

After bearing argument, His Honor observed that Mrs. McDonald's claim should have priority over Miss Black. He orderod that Miss Black's legacy be reduced to £IOO, and that the sum of 30s a week be paid to the widow.