Parker and Randolph

In *Parker and Randolph*, the Supreme Court of Tasmania was asked to determine a dispute concerning the interpretation of a will. The applicants, Parker and Randolph, sought to have the will of the late Mr. Smith 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 residuary estate, or if a portion of it should be distributed according to the rules of intestacy. This question hinged on the proper interpretation of a specific clause within the will that dealt with the disposition of the residuary estate.

Burr J considered the principles of will construction, emphasising the paramount importance of ascertaining the testator's intention from the words used in the will itself. His Honour analysed the language of the relevant clause, taking into account the surrounding provisions of the will. The court concluded that the clause in question was clear and unambiguous in its intention to vest the entire residuary estate in the named beneficiaries, and therefore, the rules of intestacy did not apply to any part of it. The court ordered that the residuary estate be distributed in accordance with the terms of the will.