Perpetual Trustee Co Ltd; Re Estate of Milgrove [2004] NSWSC 648

New South Wales Supreme Court

CITATION : Perpetual Trustee Co Ltd; Re Estate of Milgrove [2004] NSWSC 648 HEARING DATE(S) : 19 July 2004 JUDGMENT DATE : 19 July 2004

JURISDICTION: Equity Division Probate List JUDGMENT OF : Windeyer J at 1 DECISION : Application to omit words from probate refused

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION - deletion of words from grant of probate PARTIES : Perpetual Trustee Company Limited (Plaintiff) FILE NUMBER(S) : SC 108769 of 2004 COUNSEL : Mr Paul Blackburn-Hart (Plaintiff) Ex parte SOLICITORS : Conway Maccallum (Plaintiff) Ex parte

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

WINDEYER J

MONDAY 19 JULY 2004

108769/04 PERPETUAL TRUSTEE COMPANY LIMITED v THE ESTATE OF ROWENA VAUGHAN MILGROVE

JUDGMENT

1 HIS HONOUR: This is a Summons under which the plaintiff seeks an order that probate of the will dated 6 June 2003 and two codicils thereto, dated 23 June 2003 and 5 January 2004, of Rowena Vaughan Milgrove, deceased, be granted to it, but excluding from the grant the words in paragraph 5(e) of that will. Those words are as follows: 5.00 I confirm that it is my very strong wish that my trustee take, or ensure, the following action is taken immediately it is possible to do so following my death... (e) instruct the liquidators of South Coast Theatres Pty Ltd to offer to sell 197/199 Keira Street to Lend Lease Corporation Limited, at such price and otherwise upon such terms as my trustee in its absolute discretion determines, subject to the terms of any option agreement held by Lend Lease Corporation Limited at the date of my death. At the date of this will, Lend Lease Corporation Limited has an option which it has not yet exercised to purchase 197/199 Keira Street. 2 The deceased died on 11 January 2004. South Coast Theatres Pty Ltd operated the Regent Theatre on the subject property. Under her will the deceased expressed a wish that the theatre be closed and expressed a further wish that a meeting of shareholders of South Coast Theatres Pty Ltd be convened for the purpose of passing a special resolution to place that company into voluntary liquidation and appoint two named persons as joint liquidators.