Kennedy v Vercoe

In *Kennedy v Vercoe*, the High Court of Australia considered a dispute between the appellant, Kennedy, and the respondent, Vercoe, concerning the interpretation of a will.

The central legal issue before the Court was whether a specific bequest of shares in a company, which had undergone a share split prior to the testator's death, should be construed as referring to the original number of shares or the increased number of shares resulting from the split. This required the Court to determine the testator's intention regarding the subject matter of the bequest in light of the company's subsequent actions.

The Court reasoned that the testator's intention, as expressed in the will, must be given effect. Applying established principles of testamentary construction, the Court held that the bequest should be interpreted to include the shares held by the testator at the time of his death, irrespective of any subsequent subdivision or split. The Court emphasised that the will spoke from the date of death, and the subject matter of the bequest was the testator's interest in the company, which had been altered in quantity but not in substance by the share split.

The appeal was dismissed.