High Court Wellington
25, 26 August; 18 September 1959
McCarthy J.
25, 26 August; 18 September 1959
McCarthy J.
Family protection — Grandchildren — Testator dying before grandchildren became entitled to claim — In certain circumstances, grandchild entitled to avail himself of breach of moral duty to make claim after legislature gave him status of potential claimant — Contemporaneous rights of testator's child and grandchildren to claim — Family Protection Act 1955, s. 3
Family protection — Claim out of time — Matters for Court's consideration — Each application for leave to apply out of time dealt with on its own circumstances — Issue in each case: Is it just to grant leave? — Family Protection Act 1955, s. 9 (1).
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