LEFT OUT OF WILL

Poverty Bay Herald, Volume LXIII, Issue 18961, 11 March 1936, Page 15

LEFT OUT OF WILL

DAUGHTER’S CLAIM

£59,000 ESTATE

(Per Press Association.) WELLINGTON, this day. Leave to appeal as a pauper was grunted by tiie Court of Appeal to-day to Kathleen McMaster, of Timaru, in respect of the judgment of Mr. Justice Northeroft delivered on October 10, 1935, dismissing an originating summons under the. Family Protection Act, 1908, by tier for provision out of tier tat tier’s estate.

Tiie testator, George Gordon Holmes, of Itaswell, a. farmer, died on January 17, 1935, leaving an estate valued at £59.000.. No provision was made in bis will for Mrs. McMaster. The trial judge took the view that the assistance given by the testator during bis lifetime to her prevented her from obtaining further provision. The Court of Appeal expressed the opinion that there appeared to be an arguable ease, the question arising whether if a. wealthy father acts generously during bis lifetime to one of ids children because of necessity that would justify him leaving that child out of his will when she was “admittedly in distressed circumstances.

A fixture was made for hearing tiltappeal on Monday, March 30.