EXCLUDED FROM WILL

Wanganui Chronicle, Volume 87, Issue 38, 16 February 1943, Page 4

EXCLUDED FROM WILL

COURT GRANTS RELIEF SHARE IN FATHER’S ESTATE Hamilton, Feb. 15. A case under ihe Family Prolection Act was heard by Mr. Justice Johnston in the Supreme Court, Hamilton, on Friday. Leonard Petherick Moffatt, farmer, Tauranga (Mr. Cooney), and his sister, Mrs. Agnes Maud Manser (Mr. Strang) sought relief under the will of their father, the late Thomas Moffatt, retired farmer, Taumarunui, who died at Tauranga in September, 1941, and left an esiate valued at £lO,OOO. Mr. G. Briggs appeared for the executors, who submitted to the Court’s judgment. It was stated that although testator had provided for all his nine surviving children in earlier wills he excluded the applicants in his will of November. 1936. The application was opposed by Mr. Johnson on behalf of the beneficiaries. His Honour said lie had no hesitation in saying that the testator had mistaken his obligation to the applicants. His Honour altered the will so that all the children of tivtator should share equally in the estate.