A testator's provision of a $10,000 legacy to a destitute adult daughter aged 73 in failing health, from an estate of approximately $690,000, is inadequate for proper maintenance, education and advancement in life. The community expects a testator to make proper provision for a child in desperate circumstances where an emotional bond exists, even where another child has been closer and has cared for the testator. In quantifying provision, the court may have regard to the cost of accommodation in a retirement village, furniture, medical expenses, and a fund for unforeseen contingencies.
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