In re Resch v [2013] 2 JLR 489 (28 November 2013)

The court held that the prima facie legal meaning of 'issue' is descendants of all degrees, but the will must be construed to give effect to the testator's intention.

Citation: [2013] 2 JLR 489
Parties: Testator: Resch
Jurisdiction: Jersey
Judgment Date: 28 November 2013
Procedural Posture: Succession / Interpretation of Will
Outcome: interpreted
Legal Topics: Construction of Wills, Meaning of 'issue'

Succession Law Construction of Wills Meaning of 'issue'

Case Brief

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Parties

Resch

Testator

Procedural Posture

Succession / Interpretation of Will

Legal Issues

1 What is the legal meaning of 'issue' in the context of a will?

Ratio Decidendi

The court held that the prima facie legal meaning of 'issue' is descendants of all degrees, but the will must be construed to give effect to the testator's intention.

Court Disposition

interpreted

Orders

Will to be construed in accordance with the testator's intention, with 'issue' meaning descendants of all degrees unless otherwise indicated.