Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: CURRY v HARRIS [1995] NSWCA 111 Decision date: 08 September 1995
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Details
- AGLC
- Curry v Harris [1995] NSWCA 111
- Case
- [1995] NSWCA 111
- Decision Date
CaseChat Overview and Summary
In *Curry v Harris*, the New South Wales Court of Appeal considered an appeal concerning the interpretation of a will. The appellant, Mr. Curry, was the executor and beneficiary of the estate of the late Mr. Harris, while the respondent, Ms. Harris, was the deceased's daughter and a beneficiary under the will. The dispute centred on whether a specific bequest of shares in a company was intended to include shares acquired by the testator after the date of the will.
The primary legal issue before the Court of Appeal was whether the will, which bequeathed "all my shares in Harris & Co. Pty. Ltd.", should be construed to include shares in that company acquired by the testator after the execution of the will. This required the court to determine the testator's intention regarding the subject matter of the bequest, particularly in light of the subsequent acquisition of additional shares.
The Court of Appeal held that the language of the will, specifically the use of the present tense "all my shares", indicated an intention to pass all shares held by the testator at the time of his death, not merely those held at the date of the will. The court applied the principle that a will speaks from the death of the testator, and unless there is a clear indication to the contrary, a general bequest of property of a particular description should be construed to include all property of that description owned by the testator at the time of their death. The appeal was therefore dismissed.
The primary legal issue before the Court of Appeal was whether the will, which bequeathed "all my shares in Harris & Co. Pty. Ltd.", should be construed to include shares in that company acquired by the testator after the execution of the will. This required the court to determine the testator's intention regarding the subject matter of the bequest, particularly in light of the subsequent acquisition of additional shares.
The Court of Appeal held that the language of the will, specifically the use of the present tense "all my shares", indicated an intention to pass all shares held by the testator at the time of his death, not merely those held at the date of the will. The court applied the principle that a will speaks from the death of the testator, and unless there is a clear indication to the contrary, a general bequest of property of a particular description should be construed to include all property of that description owned by the testator at the time of their death. The appeal was therefore dismissed.
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Background
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Evidence
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Decision
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Ratio Decidendi
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