WIDOW’S LARGER INCOME

Taranaki Daily News, 22 December 1930, Page 11

WIDOW’S LARGER INCOME

INSUFFICIENT BEQUEST COURT INCREASES THE CAPITAL. CLAIMANT TO £looo A YEAR > By Telegraph.—Press Association. Wellington, Dec. 20. An income of £lOOO a year was granted to Mary Mackin from her late husband’s estate when Mr. Justice Ostler to-day gave judgment' on her claim under the Family Protection Act for an allowance greater than that made under the will of Dr, Patrick Mackin, 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 thought £17,000 sufficient to produce such an income. At the time of his death the value of money on first-class security was' 6| per cent. Even at 6 per cent. £17,000 would produce an income of more than £lOOO a. year. Owing o the funds being invest-, ed partly in Government securities arid partly in the 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 provision to maintain her in her state of society. His Honour said he was therefore prepared to order plaintiff’s income for the rest of her life to be made up to £lOOO a year, and hp 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 His Honour ordered that phe. be paid a lump sum of £lOOO for the purchase of a house.