WXW v KZY

The case of WXW v KZY involved a dispute between siblings, WXW and KZY, who were co-owners of a property as tenants in common. They sought various declarations and orders in relation to the property, which they had inherited from their father. The central issues revolved around the interpretation of their father's will, specifically whether the will granted them a right to reside on the property, and if so, whether it was a joint or joint and several right. Furthermore, WXW sought a declaration that KZY's right to reside had been terminated due to an assault he had committed against WXW.

The court had to determine whether the will contained a right for the applicants to reside on the property, and if such a right existed, whether it was a joint or joint and several right. The court also had to consider whether the assault by KZY had terminated his right to reside on the property. The court considered the language of the will, the circumstances surrounding its execution, and the history of the relationship between the siblings.

The court found that the will did not contain a right for the applicants to reside on the property. The court also found that even if such a right existed, it would be a joint right, not a joint and several right. Furthermore, the court found that KZY's assault on WXW did not terminate his right to reside on the property. The court adjourned the application for the appointment of statutory trustees for sale of the property to a later date.

In conclusion, the court refused the declarations sought by WXW and found that there was no right of residence created by the will. The court also found that KZY's right to reside on the property had not been terminated by his assault on WXW. The application for the appointment of statutory trustees for sale of the property was adjourned to a later date. There was no order as to costs.