The executors of Recia Royston's estate sought court direction on the interpretation of clause 4(f) of her 2014 Will, concerning the distribution of the residue.
The dispute centered on whether the issue of a child who predeceased the testatrix (Alan) were entitled to a share, specifically Jacob and Jennifer.
Laura Royston, a living child, argued that only living children and their issue (if they predeceased) should benefit.
The court, applying principles of will construction, found that the plain meaning of the will, read in context with a previous will and other clauses, indicated an intention to benefit the issue of any deceased child, including Alan's children.
The court ruled that Jacob and Jennifer were entitled to share equally in one quarter of the residue.
