NSW Caselaw
New South Wales Supreme Court
CITATION : Wood v Inglis [2008] NSWSC 1427
HEARING DATE(S) : 16 December 2008 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 16 December 2008
DECISION : Summons dismissed with costs
CATCHWORDS : SUCCESSION – executors and administrators – proceedings against executors and administrators – where Will provides for transfer of shares in trustee company to plaintiffs – where trust owes estate an undetermined sum – whether shares are held by executors as constructive trustees while other assets of estate remain held by the executors in their capacity as executors - where estate has not been fully administered – where plaintiffs have indicated that they will distribute trust assets if given control of trust company – where shares could be subject of potential (NSW) Family Provision Act 1984 application – whether Court should summarily order transfer of shares to plaintiffs
(NSW) Family Provision Act 1982 LEGISLATION CITED : (NSW) Trustee Act 1925, s 11 (NSW) Wills Probate and Administration Act 1898, s 84
CATEGORY : Principal judgment
Indyk v Wiernik [2006] NSWSC 868 Re Anderson (1953) 53 SR (NSW) 520 CASES CITED : Re Cowell (1895) 16 LR (NSW) B&P 51 Re Gannon (1915) 15 SR (NSW) 251 Re York (1894) 15 LR (NSW) B&P 24 Wood v Inglis [2008] NSWSC 1147
Pamela Ruth Wood (first plaintiff) PARTIES : Kathryn Margaret Clark (second plaintiff) Helen Margaret Inglis (defendant)
FILE NUMBER(S) : SC 5774/08
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