Barrard & Fyner

In the matter of *Barrard & Fyner*, heard before Cohen J, the dispute concerned the division of property and the administration of an estate. The applicant, acting as executor of the estate of Mrs Fyner, deceased, and the respondent husband were parties to the proceedings. The court was tasked with determining how certain assets, including shares and real property, were to be distributed and how the proceeds of sale from the real property were to be allocated.

The court was required to determine the appropriate orders for the transfer of specific shareholdings from the estate to the husband, and the process for the sale of a property known as "M property". Furthermore, the court needed to establish the order of priority for the distribution of the net proceeds from the sale of "M property", specifically how the applicant, in their capacity as executor, and the husband would share in those proceeds.

Cohen J ordered that the applicant, within one month, transfer their interest as executor in specified shareholdings to the husband. The court further ordered that within six months, the applicant and the husband were to sell the "M property". From the net proceeds of this sale, after deducting sale-related costs, the applicant, as executor, was to receive a fixed sum of $71,245.00, followed by 35% of the remaining balance. The husband was to receive the final remainder of the proceeds. The court also declared that all property held in the husband's name was to be his absolute property, and costs were reserved.