WILLS [230]- Construction- Testatrix granted plaintiff permission to occupy- Whether a life-estate interest in the property- Mere right of residence is not an estate- Failure to perform the conditions attached to right- Trustee validly terminated plaintiff's right to occupy- Plaintiff was granted a joint right of residence with her sister, thus both of them required to be a party to the suit for it to succeed- Facts supported finding that plaintiff had ceased to occupy the premises.
Acts Cited:
Real Property Act 1900, s 74L
Supreme Court Rules Part 8(3)
Case Details
Citation[2003] NSWSC 1051
CourtNSWSC
JurisdictionNew South Wales
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