CALCRAFT AND ANOTHER V. CALCRAFT

The decretal orders made at first instance did not properly secure the entitlements due to the widow under the testator's will; the Court substituted new provisions to clarify her rights to occupancy and substitutive payments during her widowhood and provided mechanisms for securing these from the estate.

Parties: Appellant: Calcraft and another; Respondent: Calcraft
Jurisdiction: Australia
Judgment Date: 23 August 1963
Procedural Posture: Appeal / Final Judgment
Outcome: appeal allowed
Legal Topics: Testator's Will, Widow's Entitlement, Estate Administration

Succession Testator's Will Widow's Entitlement Estate Administration

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Parties

Calcraft and another

Appellant

Calcraft

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether the widow is entitled to particular rights of occupation and payment under the testator's will
2 Whether the previous decretal orders properly reflected the entitlements of the widow under the will

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Orders numbered one, two and three of the decretal order made at first instance on 15 March 1963 set aside.
In lieu thereof: (a) The applicant is entitled to occupy and use Flat No. 2, 72 New Beach Road, Darling Point, as provided in the will; upon written notice of surrender and vacating, the executors are to pay her £6 per week during her widowhood instead of the like sum under the will; (b) In addition to £12 per week...