Henderson v Andrews

In *Henderson v Andrews*, the High Court of Australia considered a dispute between the appellant, Henderson, and the respondent, Andrews, concerning the interpretation of a will. The primary issue before the Court was whether a specific bequest in the will was void for uncertainty.

The Court was required to determine whether the phrase "my estate which is to be divided between my nephews and nieces" created a valid disposition of the residue of the testator's estate. This involved an examination of the principles governing certainty of subject matter in testamentary dispositions.

Gummow and Heydon JJ held that the bequest was void for uncertainty. Their Honours reasoned that the testator had failed to specify with sufficient clarity the portion of the estate that was intended to be divided between the nephews and nieces. The Court applied the principle that for a gift to be valid, the subject matter must be clearly ascertainable. As the will did not specify what part of the estate was to be divided, the gift failed for want of certainty.

The High Court ordered that the appeal be dismissed.