Court of Appeal Wellington
15 September; 17 December 1948
Sir Humphrey O'Leary CJ; Kennedy J; Finlay J; Gresson J; Hutchison J
15 September; 17 December 1948
Sir Humphrey O'Leary CJ; Kennedy J; Finlay J; Gresson J; Hutchison J
Executors and Administrators — Claims — Promise by Deceased to remunerate by Testamentary Provision for Services rendered or Work done for him — Term "Promise" not used in Technical Sense — Extent to which Claim based on such a Promise Enforceable — Promise to devise Realty Enforceable by Award of Reasonable Amount to Extent that Deceased failed to make Promised Testamentary Disposition — No Power given to Court to order Transfer of Promised Realty — Inapplicability of Statute of Frauds to Claims for Remuneration in lieu of Promised Testamentary Provision — "Promise" — Law Reform Act, 1944, s 3 (1) — Statute of Frauds, 1677 (29 Car 2, c 3), s 4.
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