Bailey v Cline-Cole & Others (Civil Case No. 229/67) [1968] SLSC 1252 (18 March 1968);

Search Summary: 

Land Law


Headnote and Holding: 

In a gift to two persons "in equal enjoyment during the term of their natural lives" followed by a gift
5 over "after their death," the words "equal enjoyment" are not words 10 of severance and the two take as joint tenants, not as tenants in common (page 380, line 35-page 38I, line 7)

In construing a will, the court is not entitled to speculate on what the testator might have intended but must ascertain the intention from the language used, taking the words m their ordinary dictionary meaning (page 381, lines 3-6)

Law Report Citation: 
1967-68 ALR · S.L. 379