NSW Caselaw
New South Wales Supreme Court
CITATION : James v James James v James [2007] NSWSC 968
HEARING DATE(S) : 29/08/07 30/08/07
JUDGMENT DATE : 30 August 2007
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice Macready
EX TEMPORE JUDGMENT DATE : 30 August 2007
DECISION : Paragraph 114
CATCHWORDS : Family Provision. Application under Family Provision Act by six of seven children of deceased who were left out of deceased's will. Estate left to one child. Difficult family circumstances. Orders made in favour of all seven children.
PARTIES : Ron Raymond James & 4 ors v Lee-Anne Iris James Shoron Lee James v Lee-Anne Iris James
FILE NUMBER(S) : SC 3964 of 2005; 3482 of 2006
Mr P. Doyle-Gray for plaintiffs in 3964/2005 COUNSEL : Mr R. Horsley for plaintiff in 3482/2006 Mr A.L. Hill for defendant
Atkinson Vinden Heazlewood - plaintiffs in 3964/2005 SOLICITORS : GPN Law for plaintiff in 3482/2006 Villari & Co Lawyers for defendant
- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE MACREADY
THURSDAY 30 AUGUST 2007
3964/05 RON RAYMOND JAMES and ORS v LEE-ANNE IRIS JAMES 3482/06 SHARON LEE JAMES v LEE-ANNE IRIS JAMES
JUDGMENT
1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Iris James who died on 30 May 2005 aged 71 years. The deceased husband pre-deceased her and she was survived by her seven children: six are plaintiffs and one is the defendant in both matters, which have been heard together with the evidence in one as evidence in the other. The last will of the deceased 2 The deceased made her last will on 1 December 2003, under which she appointed her daughter, Lee-Anne James, as executrix and gave her the whole of the estate. 3 Under clause 6 of that will the deceased included the following: "6. My reason for leaving my estate to Lee Ann is because she is the only child to have cared for me and assisted me during my sickness and infirmity." The Estate of the Deceased 4 This comprised the deceased's home in Balmain which has not yet been sold, some cash and furniture. The present position about the estate seems to be as follows: Real estate at 5 Reynolds Street, Balmain $718,000 Cash in Commonwealth Bank accounts $50,742 Household and personal items $6,275 Income since date of death $1,038
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