In re Rowling (Deceased) Ellis v Rowling - [1942] NZLR 88

Will — Construction — Devisees and Legatees — "Contrary intention" — Whether Will speaking from Date of Death — "Any money on deposit in my name in any bank" — Gift of Generic Thing — "All the rest and residue of my clothes and personalty" — Whether "Personalty" ejusdem generis — "Money actually in my possession at the time of my decease" — Whether including Cheques in Agents' Hands for Banking or Cheques in Custody of Bank pending Opening of Account — Whether latter "Money on deposit in my name in any bank" — Wills Act, 1837 (7 Will IV & 1 Vict c 26), s 24.

Executors and Administrators — General Direction to pay Debts out of Personal Estate — Mortgaged Land — Owner domiciled out of New Zealand — Application of s 109 of the Property Law Act, 1908 — Whether such Direction a "Contrary intention" — Mortgaged Land primarily liable — Conversion — Whether Realty converted into Personalty — Partial Intestacy in Realty — Application of ss 47 and 48 of the Administration Act, 1908 — Property Law Act, 1908, s 109 — Administration Act, 1908, ss 47, 48.