A WIDOW’S SHARE.

Star (Christchurch), Issue 17013, 11 April 1923, Page 7

A WIDOW’S SHARE.

“ ERRATIC ” HUSBAND’S BEQUESTS. WILL SET ASIDE. Doratha Agnes AYitte, Christchurch, in tlie Supreme Court to-day, before his Honor Air .Justice Adams, applied under the Famiiv Protection Act that provision should be made for her out of tlie estate of her husband, John Henry Witte, Lad brooks, farmer, who died on August 3. 1922, leaving tho whole ol his estate, valued at £3044, to his children. Horace Witte, Doris Payne, Alma Campion and Frances Elisa K. Witte, and leaving his wife completely out of his will. The action tv as a friendly one between Mrs Witte, as plaintiff, and tbe Public Trustee, defendant, as representative ol all the beneficiariqs under the will. Mr T. S. Daere appeared for plaintiff and Mr R. A. Cuthbert for defendant. Mr l);u re said that the testator and Mrs \\ it-te had lived together amicably. She worked on the farm and practically made the money from it. Tho testator, who suffered from ill-health for a few years before his death, became .somewhat erratic. Tlie children wished to hare provision made lor their mother. They had signed an agreement, and tlie action wa s brought to have the will set aside in order to give effect to the agreement. The sou, who was blind, and who had an. eighth share under the will, was exempted from the effect of the agreement. Mrs AYitte at present was Mr Cuthbert said that the will was drawn up by the -district solicitor for the Public Trustee, who pointed out to tli© testator that Mrs "Witte could claim for remedy under the Act. hut the testator persisted in making his will as it stood. His Honor said that in every case it was the duty of a person who prepared a will to point out to the testator his duty to liis wife or relatives if his instructions showed that he did not intend to consider that duty adequately. An order was made providing for Mrs AYitte in a form agreed on by