Haines v Higgins

In *Haines v Higgins*, the New South Wales Court of Appeal considered a dispute concerning the interpretation of a will. The primary issue before the court was whether a specific bequest of a property was valid, or if it failed due to uncertainty.

The court was required to determine whether the testator's intention, as expressed in the will, was sufficiently clear to identify the subject matter of the bequest. Specifically, the court had to ascertain if the description of the property was so vague that it was impossible to determine what the testator intended to leave to the beneficiary.

The Court of Appeal held that the bequest was void for uncertainty. Applying established principles of testamentary construction, the court found that the description of the property in the will was ambiguous and did not allow for a definitive identification of the intended subject matter. Consequently, the court could not give effect to the testator's purported disposition of that property.