APPORTIONMENT OF ESTATE

Otago Daily Times, Issue 23734, 15 February 1939, Page 4

APPORTIONMENT OF ESTATE

APPLICATION TO SUPREME COURT OVER-ESTIMATION OF VALUE An application for an order apportioning the estate of the late Andrew Telfer was heard in the Supreme Court before the Chief Justice (Sir Michael Myers) yesterday. ,Mr E. J. Anderson appeared for the plaintiff, Isabella Telfer, the widow of the deceased. Mr F. B. Adams represented the defendant (the Public Trustee), and Mr J. P. Ward appeared for one of the legatees, Margaret Smith. Mr Anderson said that the estate, as it stood, was valued at £2664, from which the estimated income was £lO4 17s 4d. The will provided for the purchase of property for the widow up to the value of £IOOO, but. assuming that sum was used, the income would be inadequate and would not satisfy the tes-

tator’s desires regarding his widow’s annuity. It appeared that this was a case of over-estimation of a man’s worldly goods, for, in addition, there had been provision for two legacies of £SOO each to Miss Smith and a George Drummond, of Scotland, but the latter and the Presbyterian Social Service Association and the Otago Hospital Board, who were also mentioned in the will, did not desire to press their claims. The widow asked that a home costing up to £IOOO should be provided for her and that her annuity should be increased from £ 156, as mentioned in the will, to £234. which suggested that the payment of pecuniary legacies should be postponed until after the death of the annuitant. Mr Adams said that the only matter in which he was interested was the question of priority. Mr Ward said that Miss Smith realised the position and was quite agreeable to the postponement of her legacy until after the death of the widow. His Honor suggested that - the estate could be dealt with in two ways. The widow could receive £234 a year without a house, with recourse to the capital if there was a deficiency, or she could have a

house valued up to £IOOO, but would then receive £lB2 annually. He suggested that counsel confer with the widow and refer her decision to the court.