• Preamble

  WHEREAS John Duncan McGruer, late of Christchurch, importer, died on the twelfth day of April, nineteen hundred and twenty-three, having made his last will and testament dated the twenty-ninth day of March, nineteen hundred and twenty-three, which said will was duly proved in the High Court of New Zealand at Christchurch on the twenty-seventh day of April, nineteen hundred and twenty-three: And whereas the said John Duncan McGruer left him surviving his son Eoin Harvey McGruer, but it appears that there are good grounds for believing that he failed to make adequate provision for the proper maintenance and support of his said son: And whereas the said Eoin Harvey McGruer has made no application under the Family Protection Act 1908, for such provision: And whereas the time for his making such an application has expired, and cannot be extended by the High Court of New Zealand under the proviso to subsection nine of section thirty-three of that Act by reason of the fact that the estate of the said John Duncan McGruer is now held by his executors as trustees for the beneficiaries under the said will, and is accordingly deemed under the law applicable to that estate to have been finally distributed within the meaning of that proviso: And whereas the said Eoin Harvey McGruer is in need of such provision, and it is desirable that the High Court of New Zealand should be authorized to inquire into the provision which should be made and to vary the trusts of the said will accordingly: And whereas the objects of this Act cannot be attained otherwise than by legislation:

  The Preamble was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the word “High” for the word “Supreme” in each place it occurs. See sections 50 to 55 of that Act for the transitional and savings provisions.

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—