NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Edmonds v Morrissey [2016] NSWSC 342 Hearing dates: 2 November 2015, 22 February 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Equity Before: Darke J Decision: Declaration made that gift in remainder of real estate is shared equally by the plaintiff and the first defendant as tenants in common. Catchwords: SUCCESSION – wills – construction of will – "issue children" – whether intention to narrow usual meaning of "issue" – whether sufficiently clear that words were used in error when other words must have been intended Cases Cited: Aboud v Aboud [1960] NSWR 498 Butlin v Butlin (1966) 113 CLR 353 Fell v Fell (1922) 31 CLR 268 In re Dayrell; Hastie v Dayrell [1904] 2 Ch 496 Matthews v Williams (1941) 65 CLR 639 Re Cook (deceased); Fellows v Boyd [1968] 1 NSWR 796 Tatham v Huxtable (1950) 81 CLR 639 Category: Principal judgment Parties: Nola Anne Edmonds (Plaintiff) John Patrick Morrissey (First Defendant) Paul Shiels (Second Defendant) Peter Shiels (Third Defendant) Representation: Counsel: N A Confos and T Skinner (Plaintiff) G Mahony (First Defendant) P Blackburn-Hart SC and N Avery-Williams (Second and Third Defendants)
Solicitors: H T Piper, Armidale (Plaintiff) Neil Jones, Orange (Defendant) Fox Legal, Armidale (Second and Third Defendants) File Number(s): 2015/147847 Publication restriction: None
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