Ransley v Ransley [2003] NSWSC 709

New South Wales Supreme Court

CITATION : Ransley v Ransley [2003] NSWSC 709 revised - 5/08/2003 HEARING DATE(S) : 28 and 29 July 2003 JUDGMENT DATE : 29 July 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Family Provision. Application by a widow who was granted a life estate in family home. Small estate. Plaintiff awarded whole of the estate. No matter of principle. PARTIES : Normita Ransley v Susanne Ransley (Estate of late Sydney Edward Ransley) FILE NUMBER(S) : SC 3878 of 2002 COUNSEL : Mr G.J. Graham for plaintiff Mr P. Blackburn-Hart for defendant SOLICITORS : Colin A. Hogan & Co for plaintiff Grays Lawyers for defendant

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

MASTER MACREADY

TUESDAY 29 JULY 2003

3878/02 - NORMITA RANSLEY v SUSANNE RANSLEY (EXECUTOR APPOINTED UNDER THE WILL OF SYDNEY EDWARD RANSLEY).

JUDGMENT: 1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Sydney Edward Ransley who died on 19 December 2001 aged sixty-six years. The deceased was survived by the plaintiff, his second wife, and his four children from his first marriage, one of whom is the defendant. 2 The last will of the deceased was made 9 February 1996. He appointed his daughter Susanne as executrix and gave a life interest in his property at 25 Rawson Street, Swansea to the plaintiff, with a gift over to his four daughters. The clauses were in these terms: "3. I APPOINT my daughter SUSANNE RANSLEY (hereinafter called "my Trustees") Executrix and Trustee of this my will AND I GIVE DEVISE AND BEQUEATH my interest in the property presently known as 25 Rawson Street Swansea to my Trustee UPON TRUST for my wife NORMITA RANSLEY until her death or remarriage or commencement of a defacto relationship whichever shall first occur her during such estate to pay all rates and taxes and other outgoings thereon and keeping the same in good order and habitable state of repair fair wear and tear and damage by fire lightning storm and tempest excepted and she keeping the same insured against fire lightning storm and tempest to the satisfaction of my Trustee AND I DIRECT that on the death of NORMITA RANSLEY such residence shall form part of my residuary estate.