Fisher v McDonald

In *Fisher and Anor v McDonald and Anor* [1998] NSWCA 80, the New South Wales Court of Appeal considered a dispute concerning the proper construction of a will. The appellants, the executors of the estate, sought to appeal a decision of the Supreme Court of New South Wales which had interpreted the will in a manner that differed from the executors' understanding. The core of the dispute lay in determining the beneficiaries of a residuary gift within the will.

The primary legal issue before the Court of Appeal was to ascertain the true intention of the testator as expressed in the will, specifically in relation to the distribution of the residuary estate. This involved interpreting the language used in the will to identify who was intended to receive the remainder of the estate after specific bequests and liabilities had been discharged.

The Court of Appeal analysed the relevant provisions of the will, applying established principles of testamentary construction. It considered the ordinary meaning of the words used, the context of the entire document, and any surrounding circumstances that might shed light on the testator's intentions. The Court ultimately found that the Supreme Court's interpretation was correct, concluding that the language of the will clearly indicated the intended beneficiaries of the residuary gift. The appeal was therefore dismissed.