GIFT TO ST. ITHIN’S POOR

Taranaki Daily News, 10 May 1930, Page 9

GIFT TO ST. ITHIN’S POOR

BEQUEST IN FEILDING WILL.

WIDOW AWARDED A SHARE.

By Telegraph.—Press Association. Palmerston N., Last Night.

Whc . after a lifetime of thrift and hard work James Trewin, Feilding, died leaving an estate valued at nearly £19,000 the, provision he. made for his wife, who "had shared all his hardships from a humble beginning in Cornwall, England, was an annuity of £260 for life and a large house and grounds at Feilding. . A number of small bequests were made to relatives ir England, including a £lOO annuity to a sister, Eliza Trewin, but the greater part of the estate, comprising the residue, was left as-a fund to provide relief for the indigent poor of the testator’s native parish of St. Ithins, Cornwall. In addition a bequest of £l'C9 was made to provide a clock and bell tower for the St. Ithins church and £ooo was left to the Truro cathedral. The testator stipulated, however, that his widow, who is in her S3rd year; should maintain the house and grounds left to her to the satisfaction of the executors in the will (the Public Trustee). The widow, Elizabeth Trewin, yesterday applied to the Supreme Court under the Family Protection Act, seeking further provision. It was contended, ou her behalf that the annual cost of maintenance of the house and grounds was £l6B and that her state of health was such that she was compelled to employ a personal attendant and charwoman at a., annual cost of £129. This sum, together with the cost of maintaining the house and grounds, it was argued, made an annual outgoing of nearly £309 a year, to meet which the widow had only the £260 annuity left under the will. The application was opposed by the Public Trustee, but after hearing argument the Chief Justice, Sir . Michael Myers, made an order granting the widow an increased allowance of £468 per annum during her lifetime. Having regard to the circumstances the following extract from tho West Briton and Cornwall Advertiser of March 20 is of interest. The 'extract is from an article in that paper dealing with Mr. Trewin’s bequest to the poor of St. Ithins: “The majority of the parish is engaged in gr.mite quarrying and agriculture. There are only a few unemployed in the parish and only a small number of cases oL, real poverty, although there is a large number of people whose earnings are slender.” Mr. Graham, for the petitioner, submitted that the applicant 'had been of very great assistance to her husband in amassing the fortune he left. She had worked for him sewing shoes, both in England and New Zealand, during their early days and he submitted that, the income left to support her in hei old age wi. totally inadequate. The death duties in . the estate were stated to be £4500, which he considered unreasonably hi"h. With all the deductions, including the death duties, the residue of the estate would produc. an annual income of £6lO. . m A Mr. Kelly, for the Public Trustee, explained that the death duties were high on account of the fact that amounts had been left to foreign charities on which double rates were charged. His Honour (smiling): How much do you want ? As much as you can get suppose? , , Mr. Granam: Tho old lady wants only what she considers her just dues. His Honour: She is an old lady and she cannot live very long.. He certainly had not left her adequately provided for. His Honour stated that the circumstances were special in this case. The estate was large, and the widow s age was "Teat an’ '-ere were no conflicting interests. Under the circumstances he thought that without creating a precedeiit°lie could increase the widow’s allowance to £468 per annum from the late of the testator’s death. This would not infriivr the legacy of £lOO per annum to the testator’s sister.