John Francis Newnham as Executor of the Estate of the late Mary Margaret Palme [2016] NSWSC 1308

Supreme Court New South Wales

Medium Neutral Citation: John Francis Newnham as Executor of the Estate of the late Mary Margaret Palme [2016] NSWSC 1308 Hearing dates: 19 August 2016 & 9 September 2016 Date of orders: 09 September 2016 Decision date: 09 September 2016 Jurisdiction: Equity Before: Rein J Decision: See [20] Catchwords: WILLS & ESTATES- construction of will – bequest to charitable institution connected with a Sydney hospital- where beneficiary ceased to exist after death of testatrix, alternative charitable institution CHARITIES – Charitable gifts and trusts- whether specifically named charitable purpose has ceased to be realizable since testatrix's death- where alternative beneficiary clause cannot be utilised because association was in existence at the time of the testatrix's death -whether terms of gift now impracticable – whether cy-pres scheme should be ordered-HELD: Charitable purpose of the advancement of education and for the assistance of nurses to continue their career remains capable of completion- residual gift should be applied cy-pres Legislation Cited: Charitable Trusts Act 1993 (NSW) Cases Cited: Public Trustee v Cerebral Palsy Association of W.A (2004) WAR 496; [2004] WASCA 36 Re Finger's Will Trusts [1972] Ch 286 Texts Cited: Heydon & Leeming's Jacob's Law of Trusts in Australia (7th edition, 2006, Lexis Nexis) Category: Principal judgment Parties: John Francis Newnham (Plaintiff) Representation: Counsel: B. Skinner (Plaintiff)

Solicitors: Newnhams Solicitors (Plaintiff) File Number(s): 2016/221740 Publication restriction: Nil