Lutheran Church of Australia South Australian District Inc v Farmers' Co-operative Executors & Trustees Ltd [1970] HCA 12

High Court of Australia Barwick C.J. McTiernan, Menzies and Windeyer JJ. Lutheran Church of Australia South Australian District Inc v Farmers' Co-operative Executors & Trustees Ltd [1970] HCA 12

ORDER Appeal dismissed. Costs of all parties to be paid out of the estate. Those of the respondents as between solicitor and client.

Cur. adv. vult.

The following written judgments were delivered:—

1970, May 1 Barwick C.J.

This is an appeal from an order of the Supreme Court of South Australia declaring the construction in certain respects of the will of Phillipa Stapleton formerly of 316 South Terrace, Adelaide. The deceased made her own will in the following terms:

I revoke all other Will made by me and I appoint Farmers Co-Operative Executors and Trustee Adelaide S.A. whose registered office is situated at No. 11-13 Bentham St. Adelaide.

1. I desire that my remains be cremated and laid to rest in the Soldiers Cemetery Springbank.

2. I bequeath a pecuniary legacy of Two Thousand Dollars (2,000) to my Niece Margaret Evelyn Marsh of No. 10 Bentley St. Surrey Hills, Victoria.

3. I bequeath a pecuniary legacy of $600 to my brother Walter Roland Marsh of Mary St. (No. 64) Unley.

3. I bequeath a pecuniary legacy to Catherine Doreen Marsh (my Sister) of $600.

4. I bequeath All my Commonwealth Bonds to Frank John Stapleton of 590 Cross Rd., Plymton S.A.

5. I bequeath a pecuniary legacy of Six Hundred Dollars each to David Bryce Stapleton and Richard Leigh Stapleton.

6. My Trustees have discretionary power to transfer any morgages, and property, and Shares in Companies invested in my name to the Lutheran Mission 20 Marborough St. St. Peters, S.A. for building Homes for Aged Blind Pensioners after All expenses paid, and I desire that there shall be no subsequent adjustment or apportionment therefore between any of the beneficiaries under my Will.