Re Percy [2015] NSWSC 1253

Re Percy [2015] NSWSC 1253

The will indicated that the testator intended the $5,000 gifts to go to priests who had recently graduated from the Seminary of the Good Shepherd at Homebush and who were ordained as priests in the normal progression of priestly formation after graduation, including serving as temporary deacons before ordination. 'Newly' qualified 'ordained', and 'immediately' meant as soon as practicable after studies rather than within the next week or month.

Jurisdiction
Australia
Judgment Date
31 August 2015
Procedural Posture
Application for Judicial Advice by Trustee of Estate / Principal Judgment
Outcome
Advice given to trustee
Legal Topics
['wills Construction' 'judicial Advice to Trustee' 'identification of Beneficiaries' 'charitable or Religious Benefaction']
['equity' 'succession Law'] ['wills Construction' 'judicial Advice to Trustee' 'identification of Beneficiaries' 'charitable or Religious Benefaction']

Case Brief

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Procedural Posture

Application for Judicial Advice by Trustee of Estate / Principal Judgment

Legal Issues

  1. 1 ['How the trustee should administer the gift in paragraph 5 of the will of the late Father Joe Higgins.' "Whether 'newly ordained priests' meant priests ordained following studies at the Seminary of the Good Shepherd at Homebush, or a broader class of Roman Catholic priests." "Whether 'newly ordained' referred to ordination as a priest after graduation and service as a temporary deacon."]

Ratio Decidendi

The will indicated that the testator intended the $5,000 gifts to go to priests who had recently graduated from the Seminary of the Good Shepherd at Homebush and who were ordained as priests in the normal progression of priestly formation after graduation, including serving as temporary deacons before ordination. 'Newly' qualified 'ordained', and 'immediately' meant as soon as practicable after studies rather than within the next week or month.

Court Disposition

Advice given to trustee

Orders

  • ['The plaintiff would be justified in distributing the residuary estate of the late Joe Higgins by way of gifts of $5,000 each to priests ordained following studies at the Seminary of the Good Shepherd at Homebush who are ordained as priests in the normal progression of priestly formation after graduating from the...