ESTATE LEFT TO GIRL

Southland Times, Issue 22999, 19 September 1936, Page 8

ESTATE LEFT TO GIRL

Father Claims A Share

APPLICATION DISMISSED (United Press Association.) Christchurch, September 18. A father’s application for a share in an estate left by his wife to his eight-year-old daughter was heard in the Supreme Court to-day. The estate was that of Louisa Marriott, formerly of Leeston, who died in June 1935, leaving an estate valued at £3350. The sole beneficiary under the will is her daughter, Agnes Daphne Marriott, who will receive the principal when she is 25 years old. In the meantime it was placed in trust for her benefit. Marriott proceeded under the Family Protection Act, asking for relief. He declared that he was 48 years old, 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 were reasonably able to earn 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 her middle-aged husband. The case was adjourned to allow doctors to examine Marriott, and on the Court’s 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 he thought Marriott would be unfit for heavy work.

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