Re Finlayson (Deceased) - [1968] NZLR 245

Revenue — Estate, gift and other death duties — Pecuniary legacies and chattels given free of all death and succession duties — Clause exempting "following devises" from duty but none mentioned — Other clauses devising realty with no exemption — Residuary clause providing for payment out of residue of "death and succession duties" payable in respect of the dutiable estate — Whether residue to bear the duty on all devises and bequests or only those specifically freed — Whether residue to bear the duty on the notional estate — Estate and Gift Duties Act 1955, ss. 5, 34

Wills — Interpretation — Pecuniary legacies and chattels given free of all death and succession duties — Clause exempting "following devises" from duty but none mentioned — Other clauses devising realty with no exemption — Residuary clause providing for payment out of residue of "death and succession duties" payable in respect of the dutiable estate — Whether residue to bear the duty on all devises and bequests or only those specifically freed — Whether residue to bear the duty on the notional estate — Estate and Gift Duties Act 1955, ss. 5, 34.