WIDOW’S CLAIM

Southland Times, Issue 21275, 22 December 1930, Page 5

WIDOW’S CLAIM

HUSBAND’S ESTATE. INCREASED ALLOWANCE GRANTED. (Per United Press Association.) Wellington, December 20. Reserved judgment was given by his Honour, Mr Justice Ostler, to-day in the case in which Mary Mackin proceeded under the Family Protection Act for an allowance greater than that made under the will of her late husband, Dr. Patrick Mackin. of Wellington. His Honour said it seemed clear from the evidence that the testator intended to leave his wife £lOOO a year for life and he though £17,000 was sufficient to produce such an income. At the time of his death the value of money on first-class security was six and a-half per cent. Even at six per cent., £17,000 would produce an income of more than £lOOO a year. Owing to the funds being invested partly 411 Government securities and partly in a common fund at the Public Trust. Office, it was estimated that the net income would be not more than £B5O. The principle was well established that a widow’s claim was paramount and that she was entitled, where an estate was ample, to a provision to maintain her in the accustomed state of society which she enjoyed during the husband's lifetime.

The Judge said he therefore was prepared to order the plaintiff’s income for the rest of her life to be made up to £lOOO per annum and expressed the opinion that the increased provision should come from the charitable and religious bequests, each legacy abating proportionately in order to add a further £3OOO to the funds set aside to provide the widow’s income. In addition, he ordered that she be paid a lump sum of £lOOO for the purchase of a house.