Liverton, George Rewanui

Birth Details
1904/7271, George Rewanui Liverton, Mother: Esther Susannah, Father: William

Alfred

Evening Post 6 June 1933
VALUABLE ESTATE
SON''S APPLICATION
FAMILY PROTECTION ACT
EIGHT COUNSEL APPEAR
Better provision out of the estate of William Alfred Liverton, a wealthy sheep farmer, late of Wellington, was sought by his eldest surviving son, William Charles Liverton, station hand, of Pakowai, in the Supreme Court today before Mr. Justice MacGregor. The testator left an estate valued at over £100,000. William Septimus Pearce, accountant, George Rewanui Liverton, sheep farmer, and William Roy Robson, accountant, all of Wellington, the executors of the will, were the defendants. Eight counsel were briefed in the case. Mr. W. Heine and Mr. H. J. V. James appeared for the plaintiff; Mr. G. G. Watson for the three trustees; Mr. H. F. O''Leary for George Rewanui Liverton, as a beneficiary, and for the testator''s widow, Mrs. E. S. Liverton (who in addition to being a beneficiary represented two infant children); Mr. H. R. Biss for Elizabeth Moje, one of the beneficiaries and a daughter by the first marriage, and Robert Liverton, a son; Mr. Samuel for Agnes Jane McKenzie, a beneficiary and daughter of the second marriage, and for her children; Mr. E. Parry for Mary Cook, a beneficiary and daughter of the first marriage; and Mr. J. F. B. Stevenson, for Myrtle Louisa Harvey, a daughter of the plaintiff.
Replying to his Honour, Mr. Watson said the trustees had decided simply to abide the judgment of the Court. They did not propose taking any active part in either opposing or supporting the claim.
DEATH AT 91.
Mr. Heine said that the testator died at Wellington on November 16, 1931, at the age of 91. He left an estate of which the final balance was £157,703, and the net value, after meeting death duties and testamentary expenses, was £114,000. The pecuniary legacies, under the will amounted to £22,000, and the legacies, he understood, had been paid. The residue of the estate at the present time was £48,000, but on the death of the testator''s widow a further £28,000 would fall into residue, making a total ultimately of £76,000.
PLAINTIFF''S MEANS.
The plaintiff, said Mr. Heine, was 61 years of age. Since the age of eight he had suffered from deafness, which had become increasingly worse. The plaintiff also suffered severely from varicose veins, which, in the opinion of Dr. Boyd, rendered him unfit for hard work. Apart from these two disabilities he was regarded by the doctor as being in exceptionally good health. His average earnings as a station hand at Pakowai for the last two and a half years had been approximately £1 10s net a week. In addition he had an annuity of £100 under the will of a half-brother. Tho annuity was payable only as long as the plaintiff continued to work voluntarily on the Pakowai sheep station, and, according to the doctor''s affidavit, he was no longer fit for hard work. If he followed the medical advice he would be thrown back on the income, aproximately £140, which he derived from a trust fund under the will. The plaintiff had annual expenses to meet for the maintenance of his only surviving son, and provided the rate remained as at present, he had left a net income of £100 out of the fund.
Mr. Heine said that the testator was married three times and some of the beneficiaries belonged to each of the three families. After referring to the provisions of the will, counsel submitted that the plaintiff should be granted a lump sum of £2000 and that his annuity should be increased to £300. If the Court was of the opinion, that the plaintiff should not be allowed a lump sum, it was suggested that he should receive £500 or £600 a year from the estate.
Mr. James also addressed the Court on behalf of the plaintiff. His submission was that if the Court granted the sums suggested by Mr. Heine literally none of the defendants would notice them.
INCOME FROM ESTATE.
Mr. Watson pointed out that in assessing the income from the estate, or even in assessing the value of the residue, the figures which, had been handed in to the Court must be taken as purely paper figures that were not likely to be realised should realisation of the assets take place under present-day, circumstances.
The attitude adopted by Mr. O''Leary and Mr. Biss, on behalf of their clients, was that there had been no breach of the testator''s moral duty to the applicant and no want of appreciation of his claim. It was submitted the claimant had not discharged the onus upon him of showing that he had not received proper provision under the will of the testator.
Mr. Samuel said that Mrs. McKenzie did not oppose the making of an order for further benefits to the plaintiff, but it was claimed that the plaintiff should not be put in such a position that his general mode of life should be altered. The view taken was that the will should be altered only to the extent of repairing any defect in the testator''s duty to the applicant. After hearing further argument his Honour reserved his decision.

Evening Post 9 June 1933
CLAIM SUCCEEDS
FURTHER ALLOWANCE
WEALTHY FARMER''S ESTATE
By the-decision of Mr. Justice MacGregor, delivered in writing in the Supreme Court today, William Charles Liverton, station hand, aged 61, of Pakowai, is to receive further provision out of the estate of his father, William Alfred Liverton, a wealthy sheep farmer, late of Wellington. His Honour made an order granting the son an annual additional allowance of sum of £150, to be paid to him during his life by equal monthly payments, the payments to form a charge on the net residue of the testator''s estate.
The application was made by the son under section-33 of the Family Protection Act, the case being heard by Mr. Justice MacGregor on Tuesday. The net value of the father''s estate was stated to be £114,000. Under the will the applicant, the testator''s eldest surviving son, was left the income from a fund of £4000. This income, his counsel said, had amounted to £161 for the past year, but it was probable that it would be about £140 in the future.
In fixing the annual payment of £150, his Honour said he had taken into account the long and almost gratuitous assistance given by the plaintiff to his father many years ago in building up the family estate, as well as the probable loss by him in the near future of his present yearly wages (£78) and also of the annuity of £100 conditionally given to him out of his brother''s estate. He did not think he would be justified in giving to the plaintiff a lump sum in addition, as suggested by his counsel.
Mr. W. Heine and Mr. H. J. V. James appeared for the plaintiff, and there were also six other counsel at the hearing, representing interested parties. His Honour made an order for the costs of all parties to be paid out of the estate as follows: The plaintiff to receive 35 guineas and disbursements, each of the defendants (other than the trustees) represented by counsel at the hearing to receive 10 guineas and disbursements, and the defendant trustees to retain their costs out of the estate in the usual way.

Marriage Details
Date: 1941, Folio No: 1231, George Rewanui Liverton and Marie Doherty

Death Details
1987/35133, George Rewanui Liverton, Date of Birth: 7 January 1904 - Date of Death 8/7/1987 from Death Registration

Marlborough District Council Cemetery Record
Given Names George Rewanui
Surname Liverton
Age 83Y
Occupation
Religion
Date of Death
Date of Burial 11 Jun 1987
Cemetery Picton
Cemetery Division Third Terrace
Block Number
Row Number
Plot Number 47
Plot Key 11508
Warrant Number 36532
Funeral Director G.T. Sowman
Other Plot Members Marie Mavona Liverton

Probate George Rewanui Liverton, Place: Picton, Occ: Farmer, ADBY W5411 77/87, Filed: 17/6/1987, Will, Archives NZ, Wellington

Death Details
2000/15862, Marie Mavona Liverton, Date of Birth: 5 May 1913 - Date of Death 23/7/2000 from Death Registration

Marlborough District Council Cemetery Record
Given Names Marie Mavona
Surname Liverton
Age 87Y
Occupation Office Clerk
Religion
Roman Catholic
Date of Death 23 Jul 2000
Date of Burial 27 Jul 2000
Cemetery Picton
Cemetery Division Third Terrace
Block Number
Row Number
Plot Number 47
Plot Key 11508
Warrant Number 36533
Funeral Director
Other Plot Members George Rewanui Liverton