NOTE: ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CIV-2023-443-17
[2023] NZHC 2511
UNDER the District Court Act 2016 IN THE MATTER
of an appeal against a decision of the Family Court at New Plymouth
BETWEEN
ST LEDGER MANNING REEVES AND JOHN CAMERON MIDDLETON
Appellants
AND
BRIAN RAYMOND MCELDOWNEY AND SHIRLEY MAVIS MCELDOWNEY
Respondents
Hearing: 4 September 2023 Appearances:
A S Butler KC for the Appellants K Pascoe for the Respondents
Judgment:
7 September 2023
JUDGMENT OF COOKE J
[1] The appellants are the executors of the estate of Dawn Patricia Kennedy (Mrs Kennedy). They appeal from the decision of the Family Court under the Law Reform (Testamentary Promises) Act 1949 (the Act) in which the Family Court ordered that Mr McEldowney should receive the sum of $300,000, and Mrs McEldowney the sum of $600,000, in addition to bequests they had received under Mrs Kennedy’s will.1 Under the will each received $100,000 plus interest from the date of the will 31 January 2013.
1 McEldowney v Reeves [2023] NZFC 519.
REEVES AND MIDDLETON v MCELDOWNEY [2023] NZHC 2511 [7 September 2023]
[2]At the time of Mrs Kennedy’s death her estate was substantial. It was worth
$6,174,714.18 before various bequests and estate expenses. She died without a family and the value of this estate is primarily to be used for the establishment of a scholarship fund known as the Duncan and Dawn Kennedy Scholarship Fund for the purpose of granting individual scholarships to any person to attending university or other tertiary education organisation to study engineering, particularly marine engineering. The scholarship fund is to last 20 years before the residue is them distributed to charities most closely resembling those identified by the will.
The facts
[3] The McEldowneys met the Kennedys in the late 1990s. Mrs McEldowney was a community nurse with Presbyterian Support Services, caring for Mrs Kennedy’s father at that time. The Kennedys looked after Mrs Kennedy’s father in his later years. Following his death in 2001, aged 101, the friendship between the Kennedys and the McEldowneys endured and they would regularly see each other.
[4] Mr and Mrs Kennedy had no children, and neither had living family. Mrs Kennedy was an only child. She was dependent on, and cared for by others — initially this was her parents, then her husband, and then the McEldowneys. The Family Court Judge described her as being old-fashioned, child-like and dependent. She also had a very old-fashioned view on the roles of men and women.
[5] In early 2012 Mr Kennedy became very ill with advanced cancer. The McEldowneys then took care of her. For example, they would take Mrs Kennedy to and from hospital to visit Duncan. This time was very difficult for Mrs Kennedy.
[6] When Mr Kennedy returned home to die the McEldowneys supported them both. Shortly before his death…
Continue reading Reeves v McEldowney
Sign in free to access the full text
- AGLC
- Reeves v McEldowney [2023] NZHC 2511
- Case
- [2023] NZHC 2511
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.