Re Penney (deceased) - [1975] 2 NZLR 337

Practice — Probate and administration — Deceased dying intestate while a separation order in force — Surviving spouse applying for and obtaining administration of his estate — Grant recalled as made under a mistake on motion of administrator — No order required discharging widow from office of administrator — Necessary for surviving spouse to state in affidavit leading to grant that no degree of separation nor separation order in force between the spouses at date of death - domestic Proceedings Act 1968 s 24(2); Matrimonial Proceedings Act 1963, s 12(2); Administration Act 1969, s 77(1)(b) & s 78; Supreme Court Code of Civil Procedure, R 531T and First Schedule, Form 37.