NSW Caselaw
New South Wales Supreme Court
CITATION : SCHAVERIEN & ANOR v JONES [2007] NSWSC 1429
HEARING DATE(S) : 4, 5/10 & 27 & 30/11/2007
JUDGMENT DATE : 11 December 2007
JURISDICTION : PROBATE
JUDGMENT OF : Bryson AJ at 1
DECISION : 1. With effect on the date of this order, Revoke Probate of the will of the late John Lawrence Sheaffer granted on 9 November 2005 to Lynette Regina Schaverien, Caroline Frances Jones and Geraldine Siba Winnett; 2. Order that the Probate document be forthwith delivered to the Registrar and be cancelled by him; 3. Grant Probate of the last will and testament of the late John Lawrence Sheaffer late of Northbridge in the State of New South Wales Engineer deceased to Lynette Regina Schaverien of 31 Kendall Road Castle Cove New South Wales and Geraldine Siba Winnett of 17 Fred Williams Crescent North Lyneham in the Australian Capital Territory two of the executors appointed under the will; 4. Order that the defendant pay the plaintiffs' costs of the proceedings.
CATCHWORDS : WILLS, PROBATE and ADMINISTRATION - probate - revocation of grant - conduct of executor - on extensive consideration of events in estate administration where there had not been effective co-operative action by three executors the grant was revoked and a further grant was made to two of them.
LEGISLATION CITED : Civil Procedure Act 2005 s 26 Supreme Court Act 1972 s 63
Bates v Messner (1967) 67 SR (NSW) 187 Gibson v Buchanan [2004] NSWSC 957 CASES CITED : In the Goods of Loveday [1900] P 154 McDonald v Ellis [2007] NSWSC 1068 Mavrideros v Mack (1998) 45 NSWLR 80
Lynette Regina Schaverien - 1st Plaintiff PARTIES : Geraldine Siba Winnett - 2nd Plaintiff Caroline Frances Jones - Defendant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate