FATHER’S CLAIM FAILS

Wanganui Chronicle, Volume 79, Issue 222, 19 September 1936, Page 9

FATHER’S CLAIM FAILS

SEEKS SHARE IN ESTATE COURT UPHOLDS MOTHER'S PREFERENCE FUND FOR. 8-YEAR-OLD DAUGHTER [Per Prcbii Association J CHRISTCHURCH, Sept. IS. A father’s application for a share in an estate left by his wife to his eight-year-old daughter was heard in the Supreme Court to-day. The estate was that of Louisa Marriott, formerly of Leeston, who died in June, 1935, leaving an estate of £350. The sole beneliciary under the will was her daughter, Agnes Daphne Marriott, who would receive the principal when she is 25 years old. In the meantime it was placed in trust for her benelit. Marriott proceeded under the Family Protection Act, asking for relief. He declared that he was 48 years old, had no assets and was unable to obtain work. After hearing argument His Honour said that he wished to hear medical evidence about the physical condition of Marriott. If Marriott was reasonably able to earn It would take a very strong case to induce the Court to lake anything away from the infant daughter. In His Honours view Mrs. Marriott had acted with complete propriety In making provision in her will for her infant daughter rather than for her middle-aged husband. The case was adjourned to allow the doctors to examine Marriott, and, on resuming, they gave evidence that Marriott was an extremely fit man who should be able to do an average' day’s work. For the claimant another doctor said he thought Marriott would be unlit for heavy work. His Honour held that Marriott was not disabled so as to require the Court to make provision for him from the estate. The testatrix had properly preferred the claims of her daughter to those of an able-bodied, middleaged husband. The application of the plaintiff would be dismissed.