Estate of the late John Currie Docherty Hamilton

The case before the court involved the interpretation of a will left by the late John Currie Docherty Hamilton. The dispute centred on the construction of certain clauses in the will, specifically whether two sentences related to the same real property. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was to determine the deceased's intention regarding the disposition of his property as expressed in the will. The court had to ascertain whether the two sentences in question referred to the same property and whether the will contained an ademption clause.

The court considered the contention that the two sentences were disconnected and did not relate to the same property. The court noted that when interpreting wills, the task of searching for a "scheme" or "plan" is not the unequivocal first step in will construction. Instead, it is one of several analytical tools to discern the deceased's intention. The court rejected the submission that the sentences were disconnected, finding that the will should be read in its context. Consequently, the court also rejected the submission that the property was adeemed. The court found that the deceased's intention could be effectively derived through an approach of construction rather than rectification.

The court's reasoning led to the conclusion that the two sentences in question related to the same property, and there was no ademption of the property. The court rejected the submissions regarding rectification, affirming that the meaning of the will could be derived through construction. The court's decision upheld the interpretation of the will as intended by the deceased. As a result, the court dismissed the claims that sought to alter the distribution of the property as per the deceased's will.