Ritchie v Magree [1964] HCA 10

High Court of Australia Dixon C.J. McTiernan and Kitto JJ. Ritchie v Magree [1964] HCA 10

ORDER Appeal allowed. Cross appeal dismissed. Vary the order of the Supreme Court by omitting the declarations made as to the true construction of the will and declare in lieu thereof that upon the true construction of the will and the events which have happened the assets of the residuary estate of the testator devolved upon his death upon his widow Mildred Maria Wilson absolutely. Costs of all parties as between solicitor and client of the appeal and cross appeal to be paid out of the estate.

Cur. adv. vult.

The following written judgments were delivered:—

1964, Feb. 25 Dixon C.J.

This appeal concerns the interpretation of the will of Leo Aubrey Wilson who died on 26th June 1951. The will was made on 20th September of the previous year. He left him surviving his widow, Mildred Maria Wilson, whom he appointed his executrix, and his daughter, Helen Kathleen. He was a news-agent carrying on business at Dulwich Hill. He owned the house they lived in, namely, 81 Harris Street, Harris Park, and a house at Marrickville and another at Harris Park. The goodwill of his news-agency was of course valuable. It was in fact sold in February 1956 for £5,967, including stock. At his death the stock was valued at £326 and there appear to have been some debts due to him of £1,578. The widow died on 24th December 1959, leaving a will in which the appellants were appointed executors. Her daughter, whose married name is Magree, is the respondent to the appeal. The will of her late father is a short but inartificially drawn document. It begins well enough; perhaps he used a will form. After the revocation of prior wills, the appointment of his executrix and a direction to pay debts, funeral and testamentary expenses, he gives and bequeaths and directs that within one month of his death the sum of £500 be given to his daughter, Helen Kathleen Wilson. Why he thought fit to make this provision does not appear.