Gartery v Smith - [1951] NZLR 105

Executors and Administrators Claims — Promise to reward Children for Services by making Testamentary Provision in lieu of Wages — Promise Established — Principles on which Quantum arrived at — Appeal from Supreme Court — Discretion of Court of Appeal — Law Reform (Testamentary Promises) Act, 1949, ss 3 (1), 7 (2).

Practice — Appeal to Court of Appeal — Law Reform (Testamentary Promises) Act, 1949 — Discretion of Court of Appeal substituted for that of Supreme Court — Court of Appeal unfettered by Opinion of Court below.