WIDOWER'S CLAIM FAILS

Poverty Bay Herald, Volume LXIII, Issue 19124, 19 September 1936, Page 5

WIDOWER'S CLAIM FAILS

ESTATE LEFT BY WIFE COURT REFUSES ORDER (Per Presß Association.) OHRISTOHUIICH, this day. A father's application for a share in the estate left by his wife to his daughter, eight years of age, was hoard in tho Supreme* Court yesterday. Tho estate was that of Louisa Marriott, formerly of Leeston. who died iu June of 1935, leaving an estate valued at £3350. The solo beneficiary under tho will was her daughter, Agnes Daphne Marriott, who would receive the? principal when sho reached the age of 25 years. In the meantime, it was placed hi trust for her benefit. Marriott proceeded under the Family Protection Act, asking for relief. He declared that ho was 48 years old, and had no assets and was unable to obtain work. After hearing argument, His Honour said he wished to hear medical evidence from the defence about the physical condition of Marriott. If Marriott was reasonably able to earn a livelihood, it would take a very strong case to induce the court to take anything away from the infant daughter.

In His Honour's view, Mrs. Marriott had acted with complete propriety in making provision in her will for her infant daughter, rather than for hex middle-aged husband. Tho case was adjourned to allow doctors to examine Marriott, and on resuming they gave evidence that Marriott was an extremely fit man who should be able to do an average day's work.

For the claimant, another doctor said lie thought Marriott would bo unfit for heavy work.

His Honour held that Marriott was not disabled so as to require tho court to make provision for him from the estato. Tho testatrix had properly preferred the claims of her daughter to those of her able-bodied, middle-aged husband. The application of the plaintiff would be dismissed.