25 Mar 2011
WAIRUA V NORMAN HC WHA CIV-2010-488-584
- Citation
- openlaw-2f2d6352_b7c9_457f_9a1b_8c079a75a09b.pdf
- Court
- High Court
Clause 3(e) must be read against the introductory words devising the whole of the testatrix's real and personal estate; 'the residue of my said estate' includes realty such as 44 Corks Road; 'monetary investments' in clause 3(a) does not include the house; the deceased was resident at Corks Road immediately prior to hospital admission and the plaintiff and second defendant resided with her, so they are beneficiaries under clause 3(e); therefore the Corks Road property vests in those beneficiaries under clause 3(e).