TEA PLANTER'S MONEY

New Zealand Herald, Volume LXXII, Issue 22205, 4 September 1935, Page 14

TEA PLANTER'S MONEY

DIVISION OF INCOME FAMILY SEEKS RELIEF APPLICATION TO COURT [from our own correspondent] HAMILTON, Tuesday A claim for relief under the Family Protection Act affecting the estate of u wealthy man was heard before Mr. Justice Callan in the Supreme Court at Hamilton to-day. The applicants were the widow and members of the family of John Thomas Hawke, of Hukanui Road, Hamilton, a Ceylon tea planter, who died, in Hamilton on September 2, 193-3, at the age of 83, leaving an estate valued then at £98,000 but which, with the exchange added, was estimated to be worth £124,000. The applicants for relief were Magdalene Aloysius Hawke, widow of deceased, Anthony Terence James Hawke, the eldest son, and Marie and Muriel, two adult children, while the defendants were six children, who were minors, the Roman Catholic Church of New Zealand, the residuary legatee, and the Public Trustee. Mr. McMullin appeared for the applicants, Mr. Strang for the six children under 21, Mr. Conlan for the Roman Catholic Hierarchy, and Mr. de la Mare for the Public Trustee. Disposal of Estate Mr. McMullin explained that deceased's estate consisted of New Zealand and foreign assets, including properties and shares in Ceylon. In May of this year the estate was valued at £68,670, showing a considerable shrinkage, although certain shares held in Ceylon had' appreciated greatly. These shares had not been realised. The £68,670 mentioned did not take into account the value of exchange and the conversion of currency, which would add to the value. Mr. McMullin said that £14,500 had been paid in stamp duty and £7OOO in administrative expenses. Before his death deceased had estimated the value of his estate at £115,000. When he died deceased disposed of his estate, leaving one-tenth of the capital and the income to the Roman Catholic Church of New Zealand for the purpose of educating priests in the various dioceses throughout New Zealand, and directing that the balance of the income should be divided equally among his wife and children, with the provision that the children of a deceased child should take their share of the whole of the capital. After the death of the last descendant it was provided that the whole of the estate should pass to the Roman Catholic Church. No portion of the capital, with the exception of the half interest in the dwelling house, was to pass to any member of the family. Contentions of Applicants

Application was made by the widow for relief by way of further income. Application was also made by the eldest son for a certain amount of capital for the purpose of purchasing from the Public a farm, a part of the Te Mimi estate, which deceased had purchased six years ago. Marie and Muriel asked for increased incomes. Counsel contended that the testator had, owing to changed circumstances, inadvertently failed in his moral duty to provide adequate means for his wife and family. He had given instructions three months before his death to leave twofifths of the estate to his widow and family, but owing to his failing health, these instructions were not embodied in the will. Mr. McMullin said that under the will the widow and children each received only nine-one-hundredths of the income of the estate. Mrs. Hawke, who had had 13 children, nine of whom survived, was unable to work and required medical attention. His Honor said his conception of the Family Protection Act was that where a husband was able to leave an estate sufficient to provide an income which would enable the widow to enjoy the same standard of comfort she had been accustomed to as his wife, she should bo given the necessary means before any provision was made for an outside body. Family Agreement Mr. Strang said that the members of the family were agreeable that the mother's income should be increased and that the eldest son should receive assistance to purchase the farm. Mr. Strang supported Mr. McMullin's claims. Speaking for the six children under 21, whom he represented, all he asked was that they should receive adequate protection. Mr. Strang added that the income of the estate had so far amounted to £4580 per annum. Tho income of each member of the family, for the two years since the death of the testator, had been £322 per annum, but owing to the prospective sale of Ceylon properties and the cessation of tho handsomo profits they realised, a reduction of the income for the future was forecast. Mr. Conlan pointed out that the present bishops were only trustees for onetenth of tho ,estate, and it was conceivable that over 100 years might elapse before the Church would inherit tho body of the Hawke Estate, the will providing that the Church could not fully benefit until after the death of the present children of testator and of their children. There were nine children, the eldest being 28 and the youngest eight. Only one was married and there were so far no grandchildren of testator. "Court to Decide" The Church, said counsel, did not desire to benefit under the will until the family was adequately provided for, and it was willing to leave it to the Court to decide what was fair and reasonable. His Honor: Then everyone is satisfied to place tho whole responsibility on to the Court. Counsel agreed that that was so. Mr. Conlan said Terence Hawke had the right to occupy a farm at Te Minn without any capital outlay for five years and could make £SOO per annum from the farm if he wanted te take advantage of the offer. His Honor said the only basis on which the son's claim could succeed was that the father had had the applicant trained as a farmer and had encouraged him to believe that he would receive a farm. Mr. Conlan suggested that the widow's income should be increased to and maintained at £IOOO a year by setting aside certain capital sums for th£ purpose. Mr. McMullin expressed appreciation of the attitude of the residuary legatee toward the widow. His Honor agreed that it was quite a proper one. Decision was reserved.