Moore v Moore

In the case of Moore v Moore, the widow of the deceased, the second wife, applied for maintenance under the Testator's Family Maintenance Act. The court was tasked with determining whether the deceased had made adequate and proper provision for his widow and, if not, the amount of maintenance required. The deceased left a will which made provision for his children from his first marriage, but did not make any provision for the widow.

The court was required to decide whether the deceased's provision for his children from his first marriage was sufficient to be considered adequate and proper provision for the widow. The court also needed to determine if the widow was entitled to any maintenance under the Act and, if so, the appropriate amount.

The court found that the deceased had made adequate and proper provision for his widow in that he had left sufficient assets to his children from his first marriage, who were in a position to provide for the widow. The court held that the provision made for the children was sufficient to satisfy the requirements of the Act and that the widow was not entitled to any maintenance. The court further held that the widow's application for maintenance was accordingly dismissed.

The court ordered that the widow's application for maintenance be dismissed and that no further orders be made in relation to the matter.