Whereas John Duncan McGruer, late of Christchurch, importer, died on 12 April 1923, having made his last will and testament dated 29 March 1923, which said will was duly proved in the Supreme Court of New Zealand at Christchurch on 27 April 1923:
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 Supreme Court of New Zealand under the proviso to subsection (9) of section 33 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 Supreme Court of New Zealand should be authorised 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.