In re Brooks (Deceased) Official Assignee v Brooks - [1942] NZLR 523

Executors and Administrators — Preference — Insolvent Estate — Fraudulent Preference — Whether Executor entitled to prefer One Creditor to Another — Claimants of Unliquidated Damages given Status of Creditors by Law Reform Act, 1936, s 3 (6) — Executor giving Deliberate Preference to one Creditor over Another — Estate subsequently insolvent and administered by Official Assignee under Part IV of Administration Act, 1908 — Executor not protected by s 65 of that Act — Form of Order rectifying effect of such Preference and of Payment by Executor to Deceased's Mother of a Claim which should have been determined by the Court — Administration Act, 1908, ss 64, 65 — Law Reform Act, 1936, s 3 (6).