RELIEF FOR WIDOW

Waikato Times, Volume 129, Issue 21480, 23 July 1941, Page 6

RELIEF FOR WIDOW

BENEFICIARY UNDER WILL ACTION IN SUPREME COURT Relief for a widow who was a beneficiary under her late husband’s will was sought before Mr Justice Ostler in the Supreme Court, Hamilton, today when a case, brought under the Family Protection Act, 1908, was heard. Plaintiff in the action was Mrs Pauline Bond, widow, of Hamilton (Mr H. J. McMullin), who proceeded against Henry Dozeli Bond, jeweller, of Taihape, one of the executors and trustees of the will (Mr W. P. Gray). The children, who also benefited under the will, were represented by Mr J. F. Strang. Mr McMullin said the estate was a fairly small one and was that of Francis Cecil Bond, farmer, of Hamilton. Under the will the widow was given a life interest m the estate, which afterwards went to the children. When the will was made the family lived on a farm at Rotokaun. but before the death of testator circumstances changed a good deal. Testator became ill and was in hospital for a long time. Then Mrs Bond had to do the major part of the work on the farm. The property was sold and the family settled in Frankten. Since testator’s death the widow received only £BS a year from the estate and a widow’s pension. By giving up the best years of her life she had helped to create the estate, and it was asked that the proceeds of the farm property, which were represented by a second mortgage of and the cash in hapd, amounting to £3OO, be vested in her. It was also asked that an amount of about £425 which came to testator under the will of his father, the late James Shiner Bond, be vested in the children. Mr Gray submitted to the order of the Court and Mr Strang said that the widow’s application was fully justified. Testator had been in the Waikato Hospital for a long time and the widow had had to face up tc many difficulties. In granting the order His Honour said that he considered the Act was so important that wide discretion should be retained by the Court to provide relief.