Jenkins & Lowe (No 2)

The case of *Jenkins & Lowe (No 2)* concerned a dispute between the parties, Jenkins and Lowe, regarding the administration of a deceased's estate. The matter came before Young J in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the executors of the estate had acted appropriately in distributing certain assets and whether their conduct warranted the removal of one of the executors. Specifically, the court had to consider the interpretation of the deceased's will and the duties owed by the executors to the beneficiaries.

Young J found that the executors had not acted with the requisite diligence and had failed to properly account for certain assets. The court applied principles of executor's duties, including the duty to preserve assets, to act impartially, and to administer the estate according to the terms of the will. The judge determined that the conduct of one executor had fallen below the standard expected, leading to a breakdown in the administration of the estate.

Consequently, Young J ordered the removal of one of the executors and directed that accounts be taken of the estate's administration.