Bassett v Bassett [2003] NSWSC 691

Reported Decision : 58 NSWLR 258

New South Wales Supreme Court

CITATION : Bassett v Bassett [2003] NSWSC 691 HEARING DATE(S) : 23 and 30 June 2003 JUDGMENT DATE : 30 July 2003 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Judicial Advice given as in paragraph 22.

CATCHWORDS : WILLS - construction - gift by testator of realty and personalty to A 'during his lifetime' and 'after his death' to the children of A - A currently has two children - whether a surrender by A of his interests would accelerate the vested interests of his children - whether acceleration of the vested interests would close the class so that children born after surrender cannot take Andrews v Partington [1791] 3 Bro CC 409; 29 ER 610 Church Property Trustees Diocese of Newcastle v Ebbeck (1960) 104 CLR 394 Cleaver v Mutual Reserve Fund Life Association [1892] 1 QB 147 Collins v The Equity Trustees Executors and Agency Company Limited [1997] 2 VR 166 Crane v Crane (1949) 80 CLR 327 In Re Bleckly deceased [1951] Ch 740 In Re Davies; Davies v Mackintosh [1957] 1 WLR 922 In Re Flower's Settled Trust [1957] 1 WLR 401 In Re Harker's Wills Trusts [1969] 1 WLR 1124 In Re Kebty-Fletcher's Wills Trusts [1969] 1 Ch 339 CASES CITED : In Re Taylor [1957] 1 WLR 1043 Lainson v Lainson (1854) DeGM&G 754; 43 ER 1063 Re Chartres [1927] 1 Ch 466 Re Crother's Trusts [1915] 1 IR 53 Re Hartigan [1989] 2 QdR 401 Re Johnson (1893) 68 LT 20 Re Syme deceased [1980] VR 109 Tompkins v Simmons (1930) 44 CLR 546 Wyndham v Darby [1896] NSWR (Equity) 272 Bailey: Class Closing Accumulation and Acceleration [1958] CLJ 39 Hawker and Ryder on the Construction of Wills p113 Pritchard: Acceleration and Contingent Remainders [1973] CLJ 246 Theobald on Wills 15th Ed pp 389 and 393 Ernest John Bassett (First Plaintiff) Therese Louise Zell (Second Plaintiff) PARTIES : Bernadette Michelle Crombie (Third Plaintiff) Damien Bassett (First Defendant) Benjamin Bassett (Second Defendant) Patricia Madeline Bassett (Third Defendant) FILE NUMBER(S) : SC 4628 of 2002 Mr L Karp (Plaintiffs) COUNSEL : No appearance (First and Second Defendants) Mr B Townsend (Third Defendant) Baker Deane & Nutt (Plaintiffs) SOLICITORS : Jack C Herrald (First and Second Defendants) Frank Wilson (Third Defendant)