Hartley v Elizabeth Neri v Elizabeth [2004] NSWSC 456

New South Wales Supreme Court

CITATION : Hartley v Elizabeth Neri v Elizabeth [2004] NSWSC 456 HEARING DATE(S) : 30/04/2004 JUDGMENT DATE : 31 May 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 68

CATCHWORDS : Family Provision. Applications by two daughters for provision. One application out of time. Time extended and legacies provided. No matters of principle. PARTIES : Anastasia Hartley v Freya Elizabeth Diana Neri v Freya Elizabeth (Estate of the late Julia Mary Hartley) FILE NUMBER(S) : SC 5049 of 2001; 1555 of 2003 I. Archibald for plaintiff, Diana Neri COUNSEL : R. Wilson for plaintiff Anastasia Hartley L. Ellison for defendant LLL Lawyers for plaintiff, Diana Neri SOLICITORS : Turnbull Hill Lawyers for plaintiff Anastasia Hartley Carters Law Firm for defendant

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

MASTER MACREADY

Monday 31 May 2004

5049 of 2001 ANASTASIA HARTLEY v FREYA ELIZABETH 1555 of 2003 DIANA NERI v FREYA ELIZABETH (ESTATE OF THE LATE JULIA MARY HARTLEY) JUDGMENT 1 MASTER: This is an application under the Family Provision Act 1982 (NSW) in respect of the estate of the late Julia Mary Hartley who died on 30 May 2000 aged 64 years. She was survived by her four children. Two of her children are the plaintiffs in the two proceedings which I have heard together with the evidence in one being evidence in the other. The defendant is a daughter of the deceased. The deceased had a son, Peter, who has been given notice of the proceedings but makes no claim. Will of the deceased 2 The deceased made her last will on 3 April 2000 in which she appointed three of her children (one of them being the defendant) as her executors. She gave the defendant her home at 5 Park Street, Erskineville. After some other minor bequests she gave the residue of her estate to the four children equally.