Re Boning

This case involved a dispute over the interpretation of the will of James Edward Boning, who left a substantial estate to various beneficiaries, including Greenpeace Australia Limited and his friend, Imelda Mearns. The primary legal issues were the validity of a trust created in the will to shut up a property for 20 years, the interpretation of gifts to Greenpeace Australia Limited, and the scope of items included in the description of the "contents of my house."

The court held that the direction in the will to shut up the property for 20 years was not valid as it had no beneficial object for those years and was not a charitable trust. Consequently, the gift to Greenpeace was accelerated. The court determined that the gifts to Greenpeace Australia Limited were conditional rather than absolute or trusts, with the condition being that Greenpeace Australia Limited contribute the value of the gifts to Stichting Greenpeace Council for use in its activities. The court also found that a motor vehicle in a detached garage was included in the "contents of my house," but the contents of a safe deposit box and bank holdings were not.

The final orders were that the costs of the executors, Greenpeace Australia Limited, and Imelda Mearns were to be paid from the residuary estate on a solicitor and client basis. The costs of the Attorney-General were to be paid from the residuary estate and fixed at the sum of $2,585.