STONE v STONE [2001] NSWSC 138

New South Wales Supreme Court

CITATION : STONE v STONE [2001] NSWSC 138 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1202/00 HEARING DATE(S) : 27/10/2000, 5/02/2001, 6/02/2001 JUDGMENT DATE : 7 February 2001

PARTIES : Patricia Floramelle Stone v Gail Patricia Stone JUDGMENT OF : Master Macready at 1

COUNSEL : Mr G. Rundle for plaintiff Mr M. Gorrick for defendant SOLICITORS : Falvey Byrnes Associates for plaintiff Stacks Family Law Services for defendant CATCHWORDS : Family Provision. Application by a widow who had received nothing under the will of the deceased after a 44 year marriage. Order made in favour of plaintiff. Consideration of form of the order. Singer v Berghouse (1994) 181 CLR 201 Nelson v Nelson (1995) 184 CLR 538. Goloski v Goloski (unreported 5 October 1993) CASES CITED : Luciano v Rosenblum (1985) 2 NSW LR 65 Elliott v Elliott, CA 24.4.86 Vavros v Bondy (unreported 29.8.88 Howarth v Reed DECISION : Para 68

- 1- THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

WEDNESDAY, 7 FEBRUARY 2001

1202/00 - PATRICIA FLORAMELLE STONE & ANOR v GAIL PATRICIA STONE

JUDGMENT

1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Kevin John Stone who died on 7 August 1999, aged 70 years. He was survived by his widow (the plaintiff), his son (the second plaintiff) and his daughter (the defendant). 2 At the commencement of the hearing before me on 27 October 2000, the second plaintiff indicated to the Court that he would not proceed with his claim. 3 Under the deceased's will made on 27 May 1999, the deceased left the whole of his estate to the defendant and appointed her executor. He also wrote a note a few days later in which he expressed his reasons for not making any provision in his will for his wife of 44 years and his son. So far as concerns the claim by his widow the note said:- "I, KEVIN STONE, WISH THIS LETTER TO BE READ OUT AFTER MY WILL.