WIDOWER'S CLAIM

New Zealand Herald, Volume 78, Issue 24103, 23 October 1941, Page 5

WIDOWER'S CLAIM

HELP FROM WIFE'S ESTATE

ORDER FOR RELIEF GIVEN (0.C.) HAMILTON, Wednesday

Stating that lio did not know of any case in Now Zealand whore an allowance was made by the Court in favour of a widower unless lie was destitute and unable to maintain himself, .Air. T. P. McCarthy (Wellington), representing Albert Alexander Wylie, executor in the estate, opposed an application made by Oliver .Ronalds, fruiterer, Rotorua (Mr. H. F. Coonev. r.'itiranga), before the Chief Justice, Sir Michael Myers, in the Supremo Court at Hamilton to-day, for relief under the Family Protection Act.

Mr. Coonev said the applicant married the testatrix, Margaret Finlav Ronalds, in 1921. She died last October, and bequeathed the whole of her estate, valued at £3400, to three sons of a former marriage. The applicant was an elderly man who had helped his wife build up her estate, and he wanted provision for the future.

Mr. McCarthy said that, generally, applications by a widower were not regarded with favour unless some special reason was shown. The position applicant had shown indicated that he was able to maintain himself.

His Honor held that applicant was entitled to something. He made an order that the remaining half-interest in a Rotorua property, half of which was already held by applicant, should be transferred to him, and that the mortgage should be reduced by £350 from tlie estate.

if that could not be arranged, said His Honor, further consideration of the matter would be necessary to consider what Ronalds should receive on the assumption of the Rotorua property being sold.