McRobert v McRobert [1920] HCA 5

McRobert v McRobert [1920] HCA 5

The phrase 'if so needed' refers only to the brother, Peter McRobert, and not to the sisters; the structure and wording of the clause indicate a break of thought, with the unqualified gift to the sisters and a qualified gift to the brother.

Parties
Appellants; Plaintiffs: George McRobert and Donald Ross McRobert; Respondent; Defendant: William McRobert
Jurisdiction
Australia
Judgment Date
01 March 1920
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Will Construction, Interpretation of Testamentary Provisions
Wills and Estates Will Construction Interpretation of Testamentary Provisions

Case Brief

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Parties

George McRobert and Donald Ross McRobert

Appellants; Plaintiffs

William McRobert

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Does the phrase 'if so needed' in the testator's will apply to the gifts to his two sisters as well as to his brother?

Ratio Decidendi

The phrase 'if so needed' refers only to the brother, Peter McRobert, and not to the sisters; the structure and wording of the clause indicate a break of thought, with the unqualified gift to the sisters and a qualified gift to the brother.

Court Disposition

appeal dismissed

Orders

  • Costs of respondent to be paid out of the estate of the testator