WIDOW WINS CLAIM FOR INCREASED INCOME.
MR JUSTICE OSTLER GIVES RESERVED JUDGMENT. Per Press Association. WELLINGTON, December 20. Reserved judgment was given by Mr Justice Ostler to-day in the case in which Mary Mackin proceeded under the Family Protection Act for an allowance greater than that made under the will of her late husband, Dr Patrick Mackin, of Wellington. His Honor said that it seemel clear from the evidence that testator intended to leave his wife £IOOO a year for life, and he thought £17,000 sufficient to produce such an income. At the time of his death the value of the money on first-class security was 6* per cent. Even at 6 per cent £17,000 would produce an income of more than £IOOO a year. Owing to the funds being invested partly in Government securities anl partly in the Common Fund at the Public Trust Office, it was estimated that the net income would be not more than £BSO. The principle was well established that a widow's claim was paramount, and that she was entitled, where the estate was ample, to provision to maintain her in her accustomed state of society during her husband’s lifetime. The Judge said that he therefore was prepared to order plaintiffs's income for the rest of her life to l>e made up to £IOOO a year, and expressed the opinion that the increased provision should come from charitable and religious bequests, each legacy abating proportionately in order to add the further £3OOO to the funds set aside to provide the widow’s income. In addition, he. ordered that she be paid a lump sum of £IOOO lor the purchase of a house.
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https://paperspast.natlib.govt.nz/newspapers/TS19301220.2.130
Bibliographic details
Star (Christchurch), Issue 19258, 20 December 1930, Page 11
Word Count
276WIDOW WINS CLAIM FOR INCREASED INCOME. Star (Christchurch), Issue 19258, 20 December 1930, Page 11
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