GLIDDON & HEFFRON

The case of *Gliddon & Heffron* concerned a dispute between the parties over the proper construction of a will. The applicant, Gliddon, sought a declaration from the court regarding the interpretation of certain provisions within the will of the late Mr. Heffron.

The central legal issue before Johnston J was whether the beneficiaries named in the will were entitled to receive the entirety of the residuary estate, or if a portion of that estate was to be held on trust for other potential beneficiaries. This required the court to consider the testator's intention as expressed in the language of the will, particularly in relation to the disposition of the residuary estate.

Johnston J's reasoning focused on the established principles of will construction, emphasising the paramount importance of ascertaining the testator's intention from the words used in the will itself. His Honour analysed the specific clauses in question, considering the grammatical structure and the ordinary meaning of the words employed. The court concluded that the language used clearly indicated an intention to benefit the named beneficiaries with the entirety of the residuary estate, and that no valid trust was created for any other parties.

Consequently, Johnston J made orders declaring that the residuary estate was to be distributed in accordance with the primary beneficiaries' entitlement under the will.