FAMILY PROTECTION ACT.

New Zealand Herald, Volume LIX, Issue 18040, 15 March 1922, Page 9

FAMILY PROTECTION ACT.

RELIEF FROM AN ESTATE.

APPLICATION BY CHILDREN.

An application for relief from the estate of the late Alfred George Pulling, under the Amendment to the Family Protection Act passed last session, was made before Mr. Justice Herdman in the Supreme Court yesterday by deceased's son (Mr. Luxford) and daughter (Mr. Gould). Dr. Fitchett appeared for the Public Trustee, executor of the will, and Mr. Meredith for the Attorney-General.

Tho facts am that in November last j the Public Trustee applied to the Court to interpret the will of the deceased, which left the whole of the estate to charities. The Court held that the gift was good, and ordered the Public Trusteo • and Attorney-General to prepare a scheme for distributing the estate among ' charitable institutions. The next-of-kin, in ignorance of their rights, had allowed the ttatutory period in which to obtain relief under the Family Protection Act to elapse. Mr. Luxford intimated to the Court that he intended to make representation to Parliament to amend the Act to enable relief to be granted to dependants so long as the estate remained undistributed. The Act was accordingly amended last session, giving the Court power to grant dependants leave to apply tor relief at any time if the estate remained unadministered.

Mr. Meredith stated yesterday that he did not wish to oppose the application, as the Attorney-General considered that if the children of deceased could show, when the case was heard on its merits, that they were entitled to relief, they should be allowed to do so. Dr. Fitchett also intimated that he did hot desire to oppose the application. His Honor granted the applicants leave to apply for relief within oO days, and reservod the question of costs.