DISPUTE OVER ESTATE

Poverty Bay Herald, Volume LXIV, Issue 19376, 14 July 1937, Page 15

DISPUTE OVER ESTATE

PROVISION FOR DAUGHTER MAN’S FOURTH AIA R R LUi E WIFE ONE-THIRD IHS A (IE (Per Press Association.) WELLINGTON, this day. The obligation of the Into Henry Charles Clarke Wright towards his daughter on the one hand and his widow, whom he married when she was 28 and he was 8(1, on the other, was argued before the Supreme Court to-day.

The daughter sought further provision out of the estate, valued at about £II,OOO net. She said that her father’s failure to provide for' her and the members of her family she could only attribute to some unreasonable and unjust view he took of her advice concerning his intention to marry for the fourth time.

Mr. Justice Ostler granted the daughter, Mrs. Elizabeth Minnie Clarke Smith, £2OO in cash out of the estate and £l5O a year, to start in a year’s time. He said that the maxim that the interest of the widow was paramount was subject to the provision that where there was a large estate it was not right that the widow should live in.luxury almost when the children were in want. The widow had not borne the heat and burden of the day. She had been the testator’s wife for eight years, and was still a young woman. He thought that the circumstances showed that, partly through ignorance and partly through old age, the testator failed in his duty to make some better provision for the plaintiff.