Coates v Thomas - [1947] NZLR 779

Family Protection — Widow's Application — Husband in New Zealand — Wife in England — Provisional Order made in England in 1939 for Maintenance of Wife not confirmed by New Zealand Magistrate on Ground of Wife's Adultery in 1918 — Husband's Will, made in 1918, leaving whole Estate to his Sister — On Husband's Death in 1944, his Widow and Son applying for Provision out of Estate — Wife's Adultery in 1918 res judicata — Whether such Adultery Disentitled her to Provision out of Estate — Family Protection Act, 1908, s 33 (2).