10 Nov 2005
ALP V COLLINSON & ORS HC AK CIV 2005-404-3471
- Citation
- openlaw-a4f294a7_464a_4676_8841_8f3317402da1.pdf
- Court
- High Court
The Court determined that the testatrix's intention was to benefit the three named persons only; the singular "niece" and the context demonstrate a drafting idiosyncrasy and justify construing "including" as "such of", limiting the class to the named nephews and niece; accordingly clause 4 is to be interpreted to vest the residue in the three named first respondents and not in the wider class of nieces and nephews.