NSW Caselaw
New South Wales Supreme Court
CITATION : Abernethy v Simpson [2007] NSWSC 186
HEARING DATE(S) : 31/1/07 [then written submissions]
JUDGMENT DATE : 8 March 2007
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Declaration made in accordance with amended summons.
CATCHWORDS : SUCCESSION [151]- Will- Construction- Gift by testator to plaintiff son of "such interest as I may have at the time of my death in the estate of my late father"- Father's estate distributed before testator's death- Whether gift passed testator's interest in real property that vested in him under his father's will- Whether solicitor's file note admissible for purpose of clarifying testator's intentions- Doctrine of ademption considered.
LEGISLATION CITED : Family Provision Act 1982
Clarke v Browne (1854) 2 Sm & Giff 524; 65 ER 510 Harrison v Jackson (1877) Ch D 339 Moore v Moore (1860) 29 Beav 496; 54 ER 720 Morgan v Thomas (1877) 6 Ch D 176 Perpetual Trustee Co Ltd v Attorney General (NSW) (Bryson J, 27.3.1987, unreported) Rabin v Gerson Berger Association Ltd [1986] 1 WLR 526 Re Bell [1969] VR 597 CASES CITED : Re Bridle (1879) LR 4 CPD 336 Re Bythway (1911) 80 LJ Ch 246 Re Hackett [1966] VR 232 Re Kenyon's Estate (1887) 56 LT 626 Re Nesbitt [1953] 1 WLR 595; [1953] 1 All ER 936 Re Ofner [1909] 1 Ch 60 Re Slater [1906] 2 Ch 480 Re Tetsall [1961] 1 WLR 938 The National Society for the Prevention of Cruelty to Children v The Scottish National Society for the Prevention of Cruelty to Children [1915] AC 207
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