Leonoff v Addario & Ors [2007] NSWSC 285

New South Wales Supreme Court

CITATION : Leonoff v Addario & Ors [2007] NSWSC 285

HEARING DATE(S) : 23 February 2007 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 23 February 2007

DECISION : Declaration that after payment of costs of sale, proceeds to be divided into five shares (one for each residuary beneficiary), legacy to be reimbursed with interest from shares of two defaulting executors.

CATCHWORDS : EXECUTORS – Administration of estates – where joint executors in dispute as to application of proceeds of estate property - where two of three joint executors had appropriated for own benefit sum set aside for legatee – costs.

LEGISLATION CITED : (NSW) Conveyancing Act, s 66G (NSW) Supreme Court Rules Pt 68, r 2

Laura Alexandra Leonoff (plaintiff) Anna Addario (first defendant) PARTIES : Ludmila Leonoff (second defendant) Vera Campobossi (third defendant) Natalie Leonoff (fourth defendant)

FILE NUMBER(S) : SC 4605/06

COUNSEL : Laura Leonoff (in person) (plaintiff) JJ Young (second defendant)

SOLICITORS : Webster O'Halloran (second defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Friday 23 February 2007

4605/06 Laura Alexandra Leonoff v Anna Addario & 3 Ors (Costs) JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff Laura Alexandra Leonoff, the first defendant Anna Addario, the second defendant Ludmila Leonoff, the third defendant Vera Campobossi and the fourth defendant Natalie Leonoff are the children of the late Linda Rosley who died on 28 November 1983, leaving a will dated 17 May 1983, probate of which was granted on 22 April 1985 to Laura, Anna and Ludmila, the executors named in the will, by which she gave a legacy of $5,000 to her granddaughter (Laura's daughter) Alana, empowering her trustees to invest the legacy and apply the whole or part for the benefit, maintenance and education of Alana while she remained a minor, with authority to pay it to her testamentary guardians, Anna and Ludmila, on terms that they open a savings bank account in the name of Alana and hand the bank book to the testamentary guardians, with any drawings from the bank account opened in Alana's name by her testamentary guardians to be applied for her benefit, maintenance and education. The deceased gave, devised and bequeathed the rest and residue of her estate after payment of all funeral and testamentary expenses to her daughters Laura, Ludmila, Vera, Anna, and Natalie, to be divided equally amongst them. So far as I can now ascertain, the estate comprised a property at 69 Courallie Avenue Homebush, at the time of probate said to be worth $70,000; a home unit at 2/237 Raglan Street, Mosman, then said to be worth $130,000; furniture at Homebush, said then to be worth $3,000; jewellery, said to be worth $2,000; $63 in current accounts; $1,781 on deposit, and $513 in taxation credits. The deceased also held upon trust for Alana, Ludmila and Vera various other sums in bank accounts.