Kemp v Crisp; Blake v Crisp

In *Kemp and Ors v Crisp and Anor; Blake and Ors v Crisp and Anor* [1992] NSWCA 123, the New South Wales Court of Appeal considered a dispute concerning the interpretation of a will. The applicants, Kemp and Blake, sought to appeal a decision of the Supreme Court of New South Wales regarding the distribution of assets under the will of the late Mr. Crisp.

The central legal issue before the Court of Appeal was whether the beneficiaries named in the will were entitled to receive the proceeds of sale of certain real estate, or whether those proceeds should be distributed according to the rules of intestacy. This required the court to determine the proper construction of the relevant clauses within the will, particularly those dealing with the disposition of residuary estate and any potential lapsed gifts.

The Court of Appeal analysed the language of the will, applying established principles of testamentary construction. It considered the testator's intention as expressed within the four corners of the document, giving due regard to the surrounding circumstances at the time the will was made. The court found that the will contained a valid residuary clause which effectively disposed of all the testator's property, including the proceeds from the sale of the real estate in question. Consequently, the rules of intestacy were not applicable to this portion of the estate. The appeal was allowed, and the orders of the Supreme Court were set aside.