Ross v Gordon

In Ross v Gordon, the plaintiff, James Young Ross, sought declaratory relief, damages for the tort of devastavit, and relief in equity against the defendants, who were the deceased's daughter and the executors of the deceased's estate, Olga Hart. The plaintiff also sought a declaration that the cheques drawn by the deceased to a trust did not create a debt, and an order for further provision pursuant to the Family Provision Act 1969 (ACT). The defendants denied liability and opposed the claims. The court held that the deceased's assets were insufficient to meet the liabilities of the estate, including the cheques drawn to the trust. The court found that the cheques did not create a debt, and that the estate's executors did not commit fraud on the power or breach their fiduciary duties. The court also found that the deceased's will made adequate provision for the plaintiff, and that the plaintiff was not entitled to further provision under the Family Provision Act. The court dismissed all of the plaintiff's claims and ordered the plaintiff to pay the defendants' costs.