NSW Caselaw
New South Wales Supreme Court
CITATION : Peoples & Anor v Simpson & Anor [2005] NSWSC 355
HEARING DATE(S) : 06/04/05
JUDGMENT DATE : 20 April 2005
JUDGMENT OF : Gzell J
DECISION : Gift was to all issue of the children of testator living when gift over took effect, the issue taking their shares per stirpes
CATCHWORDS : SUCCESSION - WILLS, PROBATE AND ADMINISTRATION - Construction and effect of testmentry dispositions - Gift over to children of the testator, the issue of any deceased child standing in loco parentis - Whether issue confined to grandchildren of the testator - whether division per capita or per stirpes
LEGISLATION CITED : Supreme Court Rules 1970
Perpetual Trustee Co Ltd v Wright (1987) 9 NSWLR 18 Mathews v Williams (1942) 65 CLR 639 Buick v Equity Trustees Executors and Agency Co Ltd (1957) 97 CLR 599 In re Dougharty. National Trustees Executors and Agency Co Australasia Ltd v Brentnall (1935) VLR 333 Mackintosh v Gerrard [1947] AC 461 at 473 CASES CITED : Re Jeeves. Morris-Willaims v Haylett [1949] Ch 49 at 51 Dowding v Smith (1841) 3 B 541 (49 ER 213) Re Orton's Trust (1866) LR 3 Eq 375 Re Earle's Settlement (1971) 1 WLR 1118 Oxford Latin Dictionary, Oxford University Press, Oxford, 1983
Mark Henrick Peoples and Jennifer Mary Peoples - Plaintiffs PARTIES : Shiela Simpson as representative of the class of beneficiaries being grandchildren of the deceased - 1st Defendant Adrian James Haberhauer as representative of the class of beneficiaries being great grandchildren of the deceased - 2nd Defendant
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