Kerr v Kerr - [1958] NZLR 311

Divorce and Matrimonial Causes — Maintenance — Order for Maintenance during Joint Lives made by Consent — Death of Respondent — Application for Order that Former Husband's Personal Representatives "do pay to the petitioner for her permanent maintenance during her lifetime or until she shall remarry such amount . . . as the Court may consider just" — Original Order silent as to Respondent's Personal Representatives or Estate — Application in Reality, though not in Form, for Variation of Original Order — Original Order made by Consent when Petitioner could have applied for Order against Husband's Personal Representatives in Event of His Death, and did not so apply — Application dismissed — Divorce and Matrimonial Causes Act 1928, ss. 33 (1) (2), 41 (2) (Divorce and Matrimonial Causes Amendment Act 1953, ss. 12, 13).