A WIDOW’S CLAIM.

Otago Daily Times, Issue 21215, 22 December 1930, Page 13

A WIDOW’S CLAIM.

DECEASED HUSBAND’S ESTATE. ANNUAL ALLOWANCE INCREASED. (I*sb United Press Association.) * WELLINGTON, December 20. Reserved judgment was given to-day by Mr Justice Ostler in the case in which Mary Maokin proceeded under the Family Protection Act for an allowance greater thafi that made under the will r «r r , late husband > Dr Patrick Mackin, V of Wellington. His Honor said it seemed clear from the evidence that the testator Intended to leave his wife £IOOO a year for life and he thought £17,000 sufficient to produce such an income. At the time of Dr Mackin’s death the value of the money on first-class security was 6} per cent Even at 6 per cent. £17,000 would produce an income of more than £IOOO a year. Owing to the,-funds being invested partly in Government securities and partly in a common fund at the Public Trust Office it was estimated that net income would be not more than *BSO. The principle was well established that the widow’s claim was paramount and that she was entitled where the estate was ample to provision to maintain her In her accustomed state in society during her husband’s lifetime. His Honor said r he was therefore prepared to order plaintiffs income for- the rest of her life to he made up to £IOOO a year and expressed the opinion that the increased provision should come from the charitable and religious bequests, each legacy abatpioportionatel y “ order add a further £3OOO to the funds set aside to provide the widow’s income. In addition he - c J®SSSL t J at she be Paid a lump sum of £IOOO for the; purchase of a house. .