High Court Wellington
19, 20 November 1956; 8 April 1957
Shorland J
19, 20 November 1956; 8 April 1957
Shorland J
Husband and Wife — Married Women's Property — Husband's Moneys deposited in Wife's Name in Savings Bank Account, with Husband's Knowledge — Prima facie Presumption of Gift or Advancement — Evidence to rebut Presumption — Where Moneys so deposited without Husband's Knowledge or Consent Onus on Husband to show Such Moneys His Property — Dwellinghouse purchased in Wife's Name and Improvements effected and Mortgage Repayment Instalments paid with Husband's Money — Prima facie Gift or Successive Gifts to Wife — Insurance Policies, payable on Wife's Death, effected with Husband's Money and with His Concurrence — Policy Moneys on Wife's Death part of Her Dutiable Estate, unless Evidence rebuts Presumption of Gift — Married Women's Property Act 1908, ss 11, 12 (1) (Married Women's Property Act 1952, ss 5 (1), 6 (1)).
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