Public Trustee of Queensland (as litigation guardian of Ethel May Brigg, also known as Lucy Brigg) v Stibbe as executor of the Will of the late Winifred Deidre Butler & Anor

The Public Trustee of Queensland, acting as the litigation guardian for Ethel May Brigg (also known as Lucy Brigg), filed a case against Stibbe, as the executor of the will of the late Winifred Deidre Butler, and another party. The central dispute involved the interpretation and implementation of the late Winifred Butler's will. Specifically, the will contained provisions regarding the distribution of the net proceeds from the sale of her house, and the allocation of her personal items, including jewellery. The will also stipulated that if either the testatrix’s husband or her friend predeceased her, their share would go to the Australian Red Cross Society.

The court had to decide several key legal issues. Firstly, whether the sale of the house during the testatrix’s lifetime nullified the gift to Lucy Brigg. Secondly, the court needed to determine the ownership of funds held by the Public Trustee of Queensland, specifically whether these funds belonged to the Public Trustee or to the testatrix's estate. Thirdly, the court had to interpret whether certain personal items left by the testatrix constituted "jewellery" as defined in her will.

The court found that the sale of the house during the testatrix's lifetime did indeed nullify the gift to Lucy Brigg. Regarding the funds held by the Public Trustee, the court ruled that these funds belonged to the testatrix's estate. Furthermore, the court held that items such as war medals, dog tags, badges, and a coin and note collection did not qualify as "jewellery" under the will's terms. The court's interpretation was based on the ordinary and grammatical meaning of the words used in the will.

In conclusion, the court ordered that the sale of the house nullified the gift to Lucy Brigg. It further ruled that the funds managed by the Public Trustee were part of the testatrix's estate. Additionally, the court specified which items were to be considered jewellery and which were not, directing the executor to distribute the appropriate items accordingly. The court also ordered the executor to compensate Lucy Brigg for the loss of the house, subject to the availability of funds in the estate.