Gleeson v Fitzpatrick [1920] HCA 81

Gleeson v Fitzpatrick [1920] HCA 81

The legacy of £1,760 to the Gleeson beneficiaries is payable out of the money which at the testator's death may be in his house or standing to the credit of his bank account or on fixed deposit at his bankers, and not out of the general personal estate not specifically bequeathed. The Supreme Court's decree was incorrect insofar as it held otherwise, and must be reversed in part.

Parties
Appellants: William Gleeson, Patrick Gleeson, John Gleeson, Daniel Gleeson, Joseph Gleeson, Bridget Gleeson, Margaret Gleeson, Catherine Gleeson, Nora Gleeson, Maria Gleeson; Respondent: Honora Maria Theresa Fitzpatrick; Respondents: Clancy Family (Joseph Peter Clancy, John Clancy, Patrick Clancy, Daniel Anthony Clancy, Mary Clancy, Margaret Clancy); Respondents: William Gleeson and John Augustine O'Connell (Executors/Trustees)
Jurisdiction
Australia
Judgment Date
08 December 1920
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales; Judgment of High Court of Australia
Outcome
Appeal allowed; Supreme Court of NSW decree reversed in part.
Legal Topics
Construction of Will, Payment of Legacy, Specific Versus General Bequests, Trustees' Costs
Succession Law Construction of Will Payment of Legacy Specific Versus General Bequests Trustees' Costs

Case Brief

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Parties

William Gleeson, Patrick Gleeson, John Gleeson, Daniel Gleeson, Joseph Gleeson, Bridget Gleeson, Margaret Gleeson, Catherine Gleeson, Nora Gleeson, Maria Gleeson

Appellants

Honora Maria Theresa Fitzpatrick

Respondent

Clancy Family (Joseph Peter Clancy, John Clancy, Patrick Clancy, Daniel Anthony Clancy, Mary Clancy, Margaret Clancy)

Respondents

William Gleeson and John Augustine O'Connell (Executors/Trustees)

Respondents

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales; Judgment of High Court of Australia

Legal Issues

  1. 1 Whether the legacy of £1,760 to the ten Gleesons was payable out of the money at the testator's death in his house or credit at bank (i.e. specific fund) or out of the general personal estate
  2. 2 Whether, insofar as the general personal estate was insufficient, the legacy was payable from real estate
  3. 3 Entitlement to costs among beneficiaries and trustees

Ratio Decidendi

The legacy of £1,760 to the Gleeson beneficiaries is payable out of the money which at the testator's death may be in his house or standing to the credit of his bank account or on fixed deposit at his bankers, and not out of the general personal estate not specifically bequeathed. The Supreme Court's decree was incorrect insofar as it held otherwise, and must be reversed in part.

Court Disposition

Appeal allowed; Supreme Court of NSW decree reversed in part.

Orders

  • Declared that the £1,760 legacy to the Gleesons is payable out of the money in the testator's house and to the credit of his bank account or on fixed deposit, not out of the general personal estate not specifically bequeathed.
  • Costs of the appellants, respondent Mrs Fitzpatrick, and trustees (as submitting respondents as between solicitor and client) to be paid out of the specified fund.