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+ 69C.L.R.] OF AUSTRALIA. 69
{HIGH COURT OF AUSTRALIA.)
LIEBERMAN AND ANOTHER . : A . APPELLANTS ; RESPONDENTS, AND MORRIS A ' F f i F " . RESPONDENT. APPLICANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Testator's Family Maintenance—Right to contract out of Act—Widow—Covenant H.C. or A.
prior to marriage to make no claim under the Act—Public policy—Testator's 944.
Family Maintenance and Guardianship of Infants Act 1916-1938 (N.S.W.)
(Wo. 41 of 1916—No. 30 of 1938), 8s. 3, 5, 6, 8-10. Sypyey, April 18, 19;
A person is not precluded from making an application under the T'estator's Family Maintenance and Guardianship of Infants Act 1916-1938 (N.S.W.) by
reason of having covenanted with the testator not to do so. Latham €.5., Rich, Starke)
Decision of the Supreme Court of New South Wales (Full Court): Jn re Metternan and Jacob Morris (Deceased), (1943) 43 S.R. (N.8.W.) 352; 60 W.N. 201, over- ruling In re T. Doogan (Deceased), (1923) 23 8.R. (N.S.W.) 484; 40 W.N. 121, approved.
May 11.
AppraL from the Supreme Court of New South Wales.
Miss Elizabeth Chmelnitzki, also known as Elizabeth Shell, who arrived in Australia in October 1938, met Jacob Morris about December 1939.
At that time Morris was a widower aged 78 years, with one son who was married and the father of a child. Miss Chmelnitzki was 42 years of age.
Miss Chmelnitzki was asked by Morris to marry him and, after
_ she had had independent legal advice, she and Morris, on 7th Feb- tuary 1940, executed a deed in which, after reciting that the parties were about to marry one another and that Miss Chmelnitzki, being fully cognizant of the disparity in the ages of the parties, realized that but for the execution of the deed the marriage would result
H. C. oF A.
194. "wits
LigpeRMAN Morris.
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