Burke, Re; Re Burke [1990] QSC 180
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IN
THE SUPREME
COURT OF
QUEENSLAND
CIVIL
JURISDICTION
BEFORE
MR.
JUSTICE
DEMACK
ROCKHAMPTON,
10
MAY
19
9 0
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o.s.
42
of
1989
sc
qoJt%O
(Copyright
in
this
transcript
is
vested
in
the
Crown.
Copies
thereof
must
not
be
made
or sold
without the
written authority
of the
Chief Court
Reporter,Court
Reporting Bureau.)
IN
THE MATTER
OF
the
"Succession
Act
1989"
-and-
IN
THE MATTER
OF
the
Will of
William
Henry Burke
late
of
9
Edlorowa
Street,
Gladstone
in
the
Stateof
Queensland,
Retired Plant
Operator,
Deceased.
-and-
IN
THE MATTER OF
an
application
by
Phillip
William
Burke
of
103
Water
Street,
North
Rockhampton
in
the
State
of
Queensland,
for provision out of the
estate
of the
said
deceased.
ORDER
HIS
HONOUR:
I
order
that
the Will of
William
Henry
Burke be
read
and
construed
so as
to
provide
a
legacy of
$30,000
for the applicant, Phillip
William Burke,
in lieu
of
the legacy of
$500
contained
in
the Will.
I
order
that
the said
legacy
shall
not
attract interest
from
the date of death
and
I
further order
that
the costs of
all
parties
be taxed as between
solicitor
and
client
and
paid out of the estate.
The
orders
I
have
made
are in respect of
o.s. 42
of
1989. In respect of O.S.
43
of 1989,
I
order that the
summons be dismissed and the costs of both parties
be taxed
-Bovt. Printer, Qld.
1
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20
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as
between
solicitor
and
client
and
paid out
of
the
estate.
10
20
30
40
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60
-Govt. Printer, Old.
2
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Official source: https://www.sclqld.org.au/caselaw/QSC/1990/180