Weavers v Dawson [2001] NSWSC 907

Weavers v Dawson [2001] NSWSC 907

On the proper construction of the will, the gift to the plaintiff was contingent on attaining twenty-five years. The case did not fall within the rule in Phipps v Ackers because there was no interim gift and no gift over, and clause 6 did not justify reading the gift as vested before the specified age.

Jurisdiction
Australia
Judgment Date
25 September 2001
Procedural Posture
Succession; Wills Construction / Hearing of Summons
Outcome
Summons dismissed.
Legal Topics
['wills' 'construction of Will' 'vested and Contingent Gifts' 'trustees' 'maintenance Education or Advancement of Infant Beneficiaries']
['succession' 'equity'] ['wills' 'construction of Will' 'vested and Contingent Gifts' 'trustees' 'maintenance Education or Advancement of Infant Beneficiaries']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Succession; Wills Construction / Hearing of Summons

Legal Issues

  1. 1 ['Whether the will gave Elizabeth Weavers a vested gift, or a vested gift subject to divestment, before she attained the age of twenty-five years.' 'Whether clause 6 of the will supported a construction that beneficiaries became entitled to capital once they ceased to be infants.']

Ratio Decidendi

On the proper construction of the will, the gift to the plaintiff was contingent on attaining twenty-five years. The case did not fall within the rule in Phipps v Ackers because there was no interim gift and no gift over, and clause 6 did not justify reading the gift as vested before the specified age.

Court Disposition

Summons dismissed.

Orders

  • ['The summons is dismissed.' 'The costs of both sides on a party and party basis are to be paid out of the estate.' 'The exhibits may be returned.']