Romano v Ladewig

The case of Romano v Ladewig involved a dispute over the interpretation of a bequest in a will. The deceased, known as the testatrix, had made a will leaving the net sale price of a "vacant allotment of land on the lefthand side of my house property" to the respondent. The issue arose because the testatrix had owned five contiguous lots, including properties on both sides of her house, and had sold the lot to the left of her house (from the perspective of an observer on the street) prior to making the will. The appellants, as beneficiaries of the will, argued that the bequest should refer to the property on the right side of the house (from the perspective of an observer on the street) as it was the vacant allotment remaining in the testatrix's possession. The legal issue was determining the intended reference of the bequest, whether it was from the perspective of an observer on the street or from the perspective of an observer in the house.

The court examined the language of the will and the surrounding circumstances, including the testatrix's ownership of the lots and her actions prior to making the will. The court found that the testatrix's perspective was crucial in interpreting the bequest. The court determined that the testatrix was speaking from the perspective of an observer in the house, as the language of the will and the context of her ownership and sale of the lots supported this interpretation. Consequently, the bequest referred to the property on the left side of the house (from the perspective of an observer in the house), which was the vacant allotment remaining after the sale of the lot to the left of the house (from the perspective of an observer on the street).

As a result, the court dismissed the appeal, holding that the bequest correctly referred to the vacant allotment on the left side of the house (from the perspective of an observer in the house). The court ordered that the costs of the appeal were to be assessed.