MEANING OF “ANY”

Press, Volume CII, Issue 30121, 3 May 1963, Page 8

MEANING OF “ANY”

Construction Of Will

The interpretation of one word in the will of Gerald Combridge, an advertising specialist, who died on March 14, 1960, occupied the attention of Mr Justice Mac ar th ur and three counsel in the Supreme Court yesterday. Mr A. B. Harman appeared for the plaintiff, the Perpetual Trustees Estate and Agency Company of New Zealand, Ltd., trustee in the estate. Mr W. Jordan, of Auckland, appeared for the first defendant, Barbara Mary Combridge, the widow Percy Combridge, David Combridge, Bertha Symond, and Evelyn Combridge, brothers and sisters of the testator, the second defendants. were represented by Mr E. S. Bowie. In a codicil in 1952 Combridge left to his wife “all my estate and interest in any dwelling-house owned by me at the time of my death," said Mr Harman. In fact. Combridge owned four properties, which could be said to be dwelling-houses, at the time of his death These included three Christchurch properties, in Andover street, Longfellow street and Dyers Paw road, and a’one-third interest in an Auckland residence where he was living at the time of his death. The widow owned the other two-thirds interest in the Auckland property. The question, said Mr Harman. was whether “any dwelling-house” means “all dwelling-houses" or “any one dwelling-house."

Mr Jordan submitted that the clause should be construed as making the gift of all dwelling-houses, and Mr Bowie submitted that this bequest should be interpreted as referring to one property only. There could also be ambiguity in the interpretation of “dwelling-house.” meaning either “place where people dwell” or the “dwelling of the testator.” the latter being the Auckland property. said Mr Bowje. His Honour reserved his decision.