FAMILY LEGACIES

Otago Daily Times, Issue 23930, 4 October 1939, Page 4

FAMILY LEGACIES

court increases Amount

APPEAL LODGED |Y WIDOW

(Pva United Press Association) '

' '\. VWfEItiLINGTON.. Oct. 3. The Court of Appeal to-day commenced the hearing of, an appeal by Eliza Arihfe Wright, widow of George Francis Wright, Jate of ,Longburn, from an order made by Mr Justice Ostler at Palmerston North on September 11, 1939,"." increasing the amount payable under the will of the said George Francis Wright to his son, Stanley Llewellyn -Wright, ;of Tokoraar.u, farmer, from £100& to "£2500; < : The testator died &?Atfgttst, >l93B,ri£aving an estate valuect'for" probate purposes at £17,096. A daughter, Mrs Flossie Irene Stevens, and Stanley'lAewSllyh Wright both made; application ••for, further allowUnder 'the Family Protection Act. Granting their applications, Mr Justice Ostler said'.'"4n my opinion, the plaintiffs have:- satisf a&orily made out that the failed in his moral dutv •to-lhafce provision !for the plaintiffs* ■ mmtiimwMxn 'only £IOOO eadvMiil *ko. £IOPOi to -the other son who is¥oti«ipplying for Relief,; making the balance, amounting £l4ioooj probably moregctfeptfoira small- sura, he gave to hi!»%Mom late when sh.r herself was ifalrly well off. She live*; wlth/himi.ih .comparatively easy ckcunrnahoes./K'ad three trips abroad, and had! gifts from the testator totalling nearly £IOOO. I do not think that in these circumstances the plaintiffs have been' fairly treated. On the other hand, this is not the class of case in which-the applicants have spent half their lives in; working for the testator and have contributed a considerable share by their labour in building up" the estate. Both the plaintiffs left home' when they were quite young... Pad fit? been such a case, they/woUld have been,entitled to more than TV propose to give them. Nevertheless, considering the magnitude of the estate, I.tonsider that they entitled.'to a substantial' increasis." '■'"''" ' *'. His Honor increased the legacy to Mrs Stevens by £2500, making it £3SOC>; and to the son by £ISOO, making it £2500. < The Widow is not appealing ( .against the increase allowed to Mrs Stevens, but only as to the increase, in favour of the son. -'■'"■ The hearing was unfinished when the court adjourned.