Love v Williams [2019] NSWSC 555

Supreme Court New South Wales

Medium Neutral Citation: Love v Williams [2019] NSWSC 555 Hearing dates: 18 February 2019; Submissions received 8 March 2019 Decision date: 21 May 2019 Jurisdiction: Equity Before: Emmett AJA Decision: The Executor to bring in short minutes of orders to reflect conclusions of judgment Catchwords: SUCCESSION – Construction of will – Meaning of "descendants" and "children" – Descendants of siblings who have been adopted – Descendants of siblings who have been adopted out – Rectification of will Legislation Cited: Adoption Act 2000 (NSW) Succession Act 2006 (NSW) Cases Cited: Allgood v Blake (1873) 8 LR Ex 160 Estate of Grahame David Wright [2016] NSWSC 1779 Fell v Fell (1922) 31 CLR 268 Harris v Ashdown (1985) 3 NSWLR 193 In re Hickey [1947] VLR 555 In re Thurlow; Riddick v Kennard [1972] 1 Ch 379 Re Wright 2016 NSWSC 1779 Texts Cited: Lexis Nexis, Australian Legal Dictionary, 2nd Ed, 2016 Macquarie Dictionary 7th Ed, Sydney 2017 Oxford English Dictionary 2nd Ed, Oxford 1989 Category: Principal judgment Parties: Robert Neville Love (First Plaintiff) Dennis Williams (First Defendant) James Maddocks (Second Defendant) Gregory Smith (Third Defendant) Representation: Counsel: A Connolly (Plaintiff) M Pringle (First Defendant) D J Currie (Second defendant) JEF Brown (Third Defendant)