HIS LATE WIFE'S WILL

Wanganui Chronicle, Volume 72, Issue 106, 6 May 1929, Page 7

HIS LATE WIFE'S WILL

APPLICATION BY HUSBAND COMMENT BY THE JUDGE. [ Per Press Association J HAMILTON, May 4. “It is certainly not common for a man to marry a rich woman in New Zealand and expect her to keep him in idleness,’’ says Mr Justice Biair in a written judgment refusing an application of Allied Jones, uilliard-salooa proprietor, Hamilton, to be made a ueneficiary under his late wife ’a will. “ISuch cases have occurred, but are rare. A man who is content to accept this unenviable position loaes caste among his fellows. Although before the Married Women 's Properly Acts, a husband became entitled to his wife’s estate when he honoured her by taking her in marriage, this doctrine received such a severe handling both by legislation and tlie trend of modern ideas that it is doubtful if marriage by a poor man to a rich woman now gives uim any moral claims on her purse. A man with any pride in his manhood would scorn to advance such a claim. ’ ’ Applicant married Catherine Mildred Cummings in 1920 she being a spinsicr, aged 43. The applicant was a widower with seven children. The whole burden of supporting him and bringing up the younger members of the family plaintiff leit to his wife. Plaintiff procured from h.is wife auvauces of very large sums, which were put into property in his name. Deceased divided the estate equally between her four brothers and three sisters, each receiving approximately £IOUO Except in the case of one brother, the rest of the family is no better off than the plaintiff. “The husband is able to decide. If ho likes he can work, and has years of work before him, ’> concluded the Judge in dismissing the application, with costs.