21 Mar 2022
MORAIS v VENIS [2022] NZHC 522
- Citation
- [2022] NZHC 522
- Court
- High Court
The will did not create a condition precedent requiring exclusive occupation by 'Canons' before vesting; 'exclusive use' reserved the benefit to the identified religious group but did not limit the ways the property could be used to benefit them; the Diocese accepted the gift and its temporary letting and application of rents to support diocesan priestly functions did not amount to a disclaimer or defeat the bequest; clause 6 was not triggered and the declaratory relief sought by the plaintiff fails.