1 Sept 2008
DAVIDSON V CLARK HC NWP CIV 2007-443-000587
- Citation
- openlaw-09a48cdc_452d_4545_90ec_8bda292c5e49.pdf
- Court
- High Court
Executors can in law assent to vest specific items of an unascertained residue but strong objective evidence is required; on the facts the executors' execution of a transfer of the Onaero property was beyond their authority because the will only provided a trust for sale (with postponed sale during life interest), there was no statutory appropriation notice and no consent from all beneficiaries; accordingly the Onaero property was not validly distributed by 24 January 2008 and the only valid distributions not to be disturbed under s 6 were the monetary distributions to the plaintiff and to Jo…