WIDOW TO RECEIVE FURTHER RELIEF FROM HUSBAND’STATE

Wanganui Chronicle, 8 November 1949, Page 7

WIDOW TO RECEIVE FURTHER RELIEF FROM HUSBAND’STATE

An order granting Frances Margaret Toohey further provision out of the estate of her late husband, Thomas Henry Toohey, formerly manager of the Kai Iwi Dairy Factory, who died suddenly on June 28, last, is to be made by Mi\ Justice Hay, following an application brought before him by the widow in the Supreme Court, Wanganui, yesterday. After commenting that this was clearly a case for relief, but the question was what form it should take, His Honour said he would make an order that a house property in Wanganui from her own assets, and mortgaged for £7OO, be purchased by the estate and the mortgage paid off. The order would also provide that this house be held by the estate in trust for the two children of the testator, but that it be occupied by Mrs. Toohey during the term of her life or widowhood. After the purchase of the house, the balance of the estate was to go to her. Air. C. F. Treadwell appeared for Mrs. Toohey and Mr. J. S, D. Tizard represented the Public Trustee. After the testator’s death, Mrs. Toohey was obliged to find a home for herself and two children and purchased one in Wanganui, Mr. Treadwell submitted. The total amount she had to find on settlement was £2140, of which she paid £1446 from her own savings, raising a mortgage of £7OO for the balance. Mrs. Toohey was present when testator mad e his will in 1940, but at that time she was in a better financial position than her husband and did not object to the form of the will, counsel added. Since then, however, testator accumulated considerable assets. The widow was supporting the children, and after purchasing the home in Wanganui had only a small portion of her capital left. Mr. Treadwell submitted that the whole of the estate be paid to the widow, or, alternatively, that she be refunded the amount she had spent on the house property and arrangements made to repay the mortgage of £7OO. It was reasonable to suppose that she had made quite a substantial contribution to the assets accumulated by her husband, and that had he revised his will, more provision would have been mad P for the widow. Mr. Tizard submitted that the Public Trustee must watch the interests of the children, but this was obviously a case where the widow should be given relief and the Public Trustee had suggested to her that she obtain advice. Both Mrs. Toohey and .her husband had always been very good to the children and as far as possible the Court should the general intention of the testator to make provision for the children. Assets accumulated by testator were due mainly to insurances taken out a few years before his death. If provision were made for the widow to obtain from the estate ail the capital she had put into the house and the mortgage were paid off, this would be adequate provision for her, Mr. Tizard added. His Honour commented that if the house property were taken over by the estat e and preserved for the children Mrs. Toohey would still have the practical use of the home. This appeared the most sensible way of preserving the structure of the will. Mr. Tizard, for the Public Trustee, said he would be happy if such an order were made. Mr. Treadwell suggested that after the house property was paid for, the balance of the 'estate go to Mrs. Toohey. Under this arrangement she would have some capital with which to carry on. “Mrs. Toohey is perfectly agreeable to that,” Mr. Treadwell added, after consulting with his client. His Honour: I am pleased to hear that. It seems the most sensible jfching to do. An order is to be made along the lines indicated.