Application by Latham as executor of the estate of the late William Leonard Mayo [2016] NSWSC 1811

Supreme Court New South Wales

Medium Neutral Citation: Application by Latham as executor of the estate of the late William Leonard Mayo [2016] NSWSC 1811 Hearing dates: 9 December 2016 Date of orders: 14 December 2016 Decision date: 09 December 2016 Jurisdiction: Equity Before: Stevenson J Decision: Executor justified in construing will as set out at [11], [15] and [18] and in administering fund as set out at [44] and [51] Catchwords: TRUSTS AND TRUSTEES – judicial advice – construction of will – whether trustee justified in forming opinion that certain items were "personal possessions" – meaning of "personal possessions" – direction by deceased that money be paid on his death – whether trustee justified in forming the view that the direction constituted an acknowledgement of a debt owing by the deceased; CHARITABLE TRUSTS – whether deceased held funds in deceased's name as trustee for charitable trust – administration of trust – whether trust property can be applied cy-près Legislation Cited: Charitable Trusts Act 1993 (NSW) Trustee Act 1925 (NSW) Cases Cited: Commissioners for Special Purposes of the Income Tax v Pemsel [1891] AC 531 In re McLuckie, Perpetual Executors and Trustees Association of Australia, Ltd v Honeycombe [1943] VLR 137 Lowe v Lowe [2015] NSWSC 48 Category: Principal judgment Parties: Stuart John Latham as executor of the estate of the late William Leonard Mayo (Plaintiff) Attorney General of New South Wales (Defendant) Representation: Counsel: M Evans (Plaintiff) H El-Hage (Defendant)