NSW Caselaw
New South Wales Supreme Court
CITATION : ELLIS v ELLIS [2001] NSWSC 289 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2056/99 HEARING DATE(S) : 5, 6 April 2001 JUDGMENT DATE : 6 April 2001
PARTIES : ELIZABETH ANNE ELLIS v GRANT MARTIN ELLIS JUDGMENT OF : Master Macready at 1
COUNSEL : M. Meek for plaintiff C.J. Bevan & G. Pesce for defendant SOLICITORS : D.A. Patterson Partners for plaintiff Nikola Velcic & Associates for defendant CATCHWORDS : Family Provision - Widow's claim. Order for legacy made. No matter of principle CASES CITED : Singer v Berghouse (1944) 181 CLR 201 Elliott v Elliott 2 NSWLR 65 DECISION : Paragraph 29
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1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Raymond George Ellis who died on 15 January 1998, aged 63 years. His widow who is the plaintiff in the proceedings survived the deceased. She is now aged 55. His three children, a son and two daughters also survived the deceased. His son is a defendant. The deceased left a will made on 15 June 1996 and he appointed the plaintiff and the two defendants as his executors. 2 Under the will the deceased left to his brother two properties in Western Australia. He gave legacies of $5,000 to each of his children and two other persons one of whom cannot be found. A bequest was made to his former wife of some paintings. She has refused the bequest and makes no claim in these proceedings. The residue of the estate was to be held for the plaintiff for life and upon her death to the three children in equal shares. In these proceedings the plaintiff does not seek to disturb the bequest to the deceased's brother. Those two properties have a present value of some $315,000 in total. 3 The present assets in the estate leaving aside these properties in Western Australia would appear to be the following: - 1. Properties (see valuations). a. Carlingford $290.000 b. Belmont $100.000 c. Victoria Park $195.000 d. Lot B Gunderman $115.000 e. Fairlight $280.000 $980.000
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