A WIDOW’S ESTATE

Sun (Auckland), Volume 1, Issue 85, 1 July 1927, Page 16

A WIDOW’S ESTATE

VARIATION OF WILL ADOPTED DAUGHTER’S CLAIM “A man’s first duty is to his wife,” remarked his Honour Mr. Justice Reed during the course of an application for the variation of a will heard at the Supreme Court yesterday afternoon. Where it was a small estate he thought it would be a just will to leave it to the widow. The case was one in which an adopted daughter applied for a variation of the will by which lier father left his estate to the widow. The plaintiff was Edith M. G. Martin (Mr. Willis), and the defendant Caroline Anne Barton (Mr. Hall Skelton). Mr. Willis said plaintiff’s claim to a share in the estate was based upon need. Her husband was unable to do normal work and it was doubtful whether he would continue to be a wageearner. She also had four infant children. His Honour said that the widow had been left a house and about £3 a week. He did not think it was too much. Mr. Willis thought that with a free house, £3 a week, and £350 in the bank, the widow was in a strong financial position. Mr. Skelton said the sum in the bank was considerably less. Mr. Willis said plaintiff’s debts amounted to over £IOO. His Honour suggested that something might be done to assist in the payment of the debts. Mr. Skelton said the widow had offered to pay £IOO. A sum of £SO would now clear off the debts. Her house now required a considerable sum of money being spent on it. On Mr. Skelton undertaking that defendant would pay £SO toward plaintiff’s debts his Honour dismissed the action.