Stoney & Stoney (no. 3)

In *Stoney & Stoney (no. 3)*, Young J of the Supreme Court of New South Wales considered a dispute concerning the interpretation of a will. The applicants, the executors of the estate of the late Mr. Stoney, sought directions from the court regarding the distribution of certain assets, specifically a parcel of land. The primary issue revolved around whether the beneficiaries of the residue of the estate were entitled to the land, or if it was to be held on trust for specific purposes outlined in the will.

The court was required to determine the true construction of the relevant clauses within Mr. Stoney's will. Specifically, it needed to ascertain the testator's intention regarding the disposition of the land, considering the potentially conflicting provisions concerning the residue and the purported trust. This involved an analysis of the language used in the will and the application of established principles of testamentary construction.

Young J applied the principle that the court must endeavour to give effect to the testator's intention as expressed in the will as a whole. His Honour examined the provisions relating to the residue and the purported trust in conjunction, concluding that the language used to create the trust was not sufficiently clear or certain to establish a valid express trust over the land. Consequently, the land was to be treated as part of the residue of the estate and distributed accordingly. The court ordered that the executors were at liberty to distribute the land as part of the residue of the estate.