Orr v Slender

The case of Orr v Slender involved a dispute concerning the ademption of a specific legacy under the will of a deceased person. The parties to the action were the executor of the estate, the beneficiary of the specific legacy, and the attorney who had sold the property subject to the legacy prior to the testator's death. The dispute centred on whether the sale of the property, which was conducted under the authority of a power of attorney, resulted in a benefit to the attorney and whether the sale was within the attorney's authority. The case was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether the sale of the property was within the attorney's authority and whether the sale resulted in a benefit to the attorney. The court was also required to determine whether the sale resulted in the ademption of the specific legacy under the will. The court had to consider the provisions of the Conveyancing Act 1919, specifically section 163B, which deals with the effect of a sale by an attorney on legacies under a will.

The court found that the sale was within the attorney's authority and did not result in a benefit to the attorney. The court also found that the sale did not result in the ademption of the specific legacy under the will. The court held that section 163B of the Conveyancing Act 1919 applied and that the sale did not affect the beneficiary's entitlement to the legacy. The court found that the sale did not result in the ademption of the specific legacy because the attorney did not receive any benefit from the sale and the sale was within the attorney's authority.

The court ordered that the beneficiary was entitled to receive the specific legacy as stated in the will. The executor was ordered to pay the legacy to the beneficiary. The court also ordered that the sale of the property by the attorney did not affect the beneficiary's entitlement to the legacy.