In re Foley (Deceased) Public Trustee v Foley - [1955] NZLR 702

Land Transfer — Mortgage — Joint Tenancy — Mortgagees' Respective Interests not Defined — Joint Tenancy as between Mortgagees and Third Parties — Court entitled to inquire whether Tenancy in Common between Mortgagees — Equitable Presumption in favour of Tenancy in Common where Money advanced on Mortgage — Question whether Evidence sufficient to displace Presumption — Land Transfer Act, 1952, s 61.

Will — Construction — Devises and Bequests — Devise of Share or Interest in Land "owned by me at my decease" — Land sold before Death of Testatrix — Mortgage over Same given by Purchaser to secure Purchase-money — Testatrix at Date of Death owning interest in Mortgage Debt secured on Such Land — Words of Devise not wide enough to include such Mortgage Debt.