LEARY & LEARY

In the matter of *Leary & Leary*, Young J of the Supreme Court of New South Wales was required to determine a dispute concerning the interpretation of a will. The applicants, Mr. and Mrs. Leary, sought to have the will of the late Mr. Leary construed by the court.

The central legal issue before the court was whether the beneficiaries named in the will were entitled to receive the entirety of the deceased's estate, or if a portion of the estate was to be held on trust for the benefit of the deceased's grandchildren. This question turned on the precise meaning and effect of a particular clause within the will.

Young J considered the language of the will, applying established principles of testamentary construction. His Honour found that the wording of the clause in question, when read in its entirety and in light of the surrounding provisions, indicated a clear intention on the part of the testator to create a discretionary trust for the benefit of his grandchildren. The court therefore held that the grandchildren were entitled to a beneficial interest in a portion of the estate, to be administered according to the terms of the trust.