Jurkovich v Fortune - [1988] 2 NZLR 442

Testamentary promises — Limitation of proceedings — Distribution of part of unascertained residue — Part of the residue consisted of a block of farm land and shares in a private company which owned a further block of land, which assets had been transmitted into the names of the executors — High Court Judge granted leave to commence proceedings out of time but held that, although the estate had not been finally distributed, the land and the company shares had been distributed and were not available to meet the applicant's claim — Whether executors held those assets as executors or trustees — Whether those assets had been distributed — Law Reform (Testamentary Promises) Act 1949, s 6.