Hoban v Mathieson [No 2]

The Full Court of the Supreme Court of New South Wales, comprising Handley JA, considered an appeal in *Hoban v Mathieson [No 2]*. The dispute concerned the proper construction of a will and the distribution of an estate.

The primary legal issue before the Court was whether the testator's intention, as expressed in the will, was to create a joint tenancy or a tenancy in common in relation to certain property. This determination was crucial for ascertaining the beneficiaries entitled to the estate.

Handley JA analysed the language of the will, applying established principles of testamentary construction. His Honour found that the wording used did not unequivocally indicate an intention to create a joint tenancy, which would have resulted in the surviving beneficiary taking the whole of the property. Instead, the Court concluded that the will evinced an intention to create a tenancy in common, meaning the deceased beneficiary's share would pass according to the rules of intestacy. Consequently, the appeal was allowed, and orders were made reflecting this interpretation.