AFTER FORTY-TWO YEARS.

Otago Witness, Issue 2928, 27 April 1910, Page 4

AFTER FORTY-TWO YEARS.

A WIDOW'S CLAIM. A peculiar application under the Widows'" and Young Children's Maintenance Act was made in Melbourne recently to Mi- Justice A'Eeckett in the Practice Court. ._.- Theplaintiff (far whom Mr Schutt, instructed by Messrs Maddock, Jamieson, and Lonie, appeared) was Sarah Ann M'Goun, of Scotchmer street, North Fitzroy, and the defendants were the executors of the will of her late husband, George M'Goun, lata of Eleys road, Burwood, farmer. Mr Starke, instructed by Messrs Westley and Date, appeared foT the executors. From the statement of Mr Schutt it appealed that Mrs M'Goun is 74 years of age, and is now in receipt of an old-age pension.. She was maried in 1857, but since 1863 she had been living apart from her husband, and had Supported herself: M'Goun died Last year, leaving estate of the value of £IO,OOO. It went under hia will to different persons and institutions, a niece in Scotland, besides obtaining a speoifia legacy, being made the residuary legatee. Mrs M'Goun now asked that under the provisions of the Widows' and Young Children's Maintenance Act the exeoutora should be ordered to pay her £2 per week. He admitted that the proceedings were taken under pressure by the Old-age Pensions Department, which insisted that Mrs M'Goun should make the application, and if successful should refund all money sine had received in pensions. Allegations in regard to the wife's conduct over 36 yeara ago had been made, but Mrs M'Goun filed an affidavit denying them absolutely. She had left her husband on account of his treatment of her. Mr Starke contended that the act was not passed to meet a case of this kind. The fact was that M'Goun had left his wife because he suspected hex relations with another man. Husband and wife had never come together for 42 years, except that eight years ago the wife on two occasions proceeded against him for maintenance. Wheni the husband was alive and could speak for himself those two explications for maintenance were refused. Mr Justice A'Beckett: Many views may be taken of the act. Oxve may be that the State is to be relieved of tine obligation of supporting a woman whose husband hadf left sufficient property to maintain her. Mr Starke: It is not an act for the benefit of the State, but for the protection of widows and children in oases where a will is unjust and capricious. The applicationi would , never have been mad© but for the pressure of the Old-age Pensions Deipaa-t----ment. Mr Justice A'Beckett said he would con.-! aider the matter.