SUPREME COURT

New Zealand Times, Volume LII, Issue 12195, 21 July 1925, Page 5

SUPREME COURT

A WILL ALTERED. The following, judgment was delivered in the Supreme Court yesterday by His Honour Mr Justice Sim in the case in which Margaret Pratt (widow) appealed under the Family Protection Act for relief from the provisions of a will, under which she had to pay £SOO From the estate to two daughters of her late husband by a former marriage. The valne of the estate was some £3400, comprising farm lands on which the widow carried on dairy farming, and a mortgage of £SOO. "In view of the present position of the estate it is difficult to see what relief can he given to the plaintiff. In the circumstances the best course will be to give her the interest on Coogan’s mortgage until it is paid off, and to adjourn the further consideration of her application until that mortgage has been paid off. An order is made accordingly directing the Public Trustee to pay to the plaintiff for her own use and benefit until the further order of the court the interest paid under Coogan’s mortgage, and adjourning the further consideration of the case with leave to any parly to apply to the court to bring the case on for further bearing. In the meantime an ordof is made suspending the payment uptil the further order of the court of the pecuniary legacies bequeathed by the [frill. “With regard to the* claims of the children the testator has not made'adequate provision for hie infant daughters, and they ought to get a share of the residuary estate. Probably the best course would be to direct that subject to the prior trusts, the residuary ostkte should he held for all the seven children of the testator as tenants in common in equal tares. This provision, so far as relates to the daughters named in e will, would he in substitution for the pecuniary legacies bequeathed to them by the will. If such an order were made the Public Trustee might be empowered to advance to the two daughters of the first marriage a part of their expectant shares or the estate. The question, howeveT, whether or not such an order as I have indicated can properly be made will be considered on the adjourned bearing.”