HIS WIFE'S WILL

Poverty Bay Herald, Volume LIII, Issue 16372, 21 June 1927, Page 3

HIS WIFE'S WILL

OLD CABMAN'S CLAIM NOVEL LEGAL POINT (Special to tho Herald.) AUCKLAND, this day. A claim for an increased allowance under the terms of his wife's will was made in the Supreme Court by Robert Newton Hboker, described as the last of the horse cab drivers in Auckland, against the Guardian Trust and Executors CO. of New Zealand, Ltd., and other persons as trustees and beneficiaries under the will. Counsel said the claim, was rather unusual. The couple were married in 1903, both having, been married before. Mrs. Hooker was at that time in possession of approximately £I9OO, and aftei her death the estate, which had greatly increased in value, was sworn at J 35198. However, it was held by Hooker that the value was nearer £7OOO. By hei will Mrs. Hooker left her husband tht interest on £BOO, which amounted to £1 a week. There were no children of this marriage, but, the testatrix left the whole of tho remainder of the estate to the children of her first marriage. Applicant's allowance was increased tc £1 10s three months after the proving of the will. When the deed was drawn up he was 70 years of age, and having no other means, of support he found it impossible to maintain himself on this sum. The house he had occupied with his wife was closed to him after the signing of the deed. He was the last of the horse cab drivers in Auckland, having retired about two years ago, and was now too old to work. Authorities were quoted in justification of the present, claim. His Honor: On the instances quoted, arrangement was made before the deaths o? the testators. Apparently the presexil case raises a novel point of law.

Counsel for trustees said the money was made by a bakery business in which Mrs. Hooker was assisted by tho children of her first marriage. It was only fair that they should receive the benefit of it. Decision was reserved.