Sammut & Ors v. Manzi & Ors, Court of Appeal - Privy Council, December 04, 2008, [2008] UKPC 58

Extract

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Sammut & Ors v. Manzi & Ors, Court of Appeal - Privy Council, December 04, 2008, [2008] UKPC 58

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[2008] UKPC 58

Sammut & Ors v. Manzi & Ors (The Bahamas) [2008] UKPC 58 (04 December 2008)

Privy Council Appeal No 21 of 2007

(1) Jean Claude Sammut

(2) Winston Sammut

(3) Pamela Gleeson

(4) Arlette Waitzer Appellants

v.

(1) Vincent Manzi Jr.

(2) Gregory Cotiss

as trustees of the Estate of Raymond Adams

(3) Robert Adams

(4) Ruby Adams Respondents

FROM

THE COURT OF APPEAL OF

THE BAHAMAS

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL

Delivered the 4th December 2008

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Present at the hearing:-

Lord Phillips of Worth Matravers

Lord Hope of Craighead

Lord Rodger of Earlsferry

Baroness Hale of Richmond

Lord Carswell

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[Delivered by Lord Phillips of Worth Matravers]

Introduction

On 29 February 2004 Raymond Adams (``the testator'') died in the Bahamas, aged 73. He died a very wealthy man; his executors estimated the value of his estate at US $30 million. This appeal raises an issue as to the construction of the will that he made, less than a year before his death, on 18 June 2003. The will was admitted to probate in the Bahamas Probate Registry on 27 July 2004. The dispute relates to Clause 6(ii) of the will, but it is helpful to set out Clauses 6 and 7 in their entirety, so that the provisions in issue can be considered in their context:

6. I HEREBY GIVE DEVISE AND BEQUEATH all of...

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