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Critical Case Comment - Essay Example

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The case of Bridgewater v Leahy concerns a dispute over the proceeds of the will of the late William York, who bequeathed his property valued at over $650,000 for a considerably lower sum to his nephew, thereby compromising the interests of his wife and daughters. The issues…
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Download file to see previous pages apportionment of the proceeds of the will of William York, an old man who bequeathed this estate to his nephew at a price that was ridiculously low when compared to the market value of the property. The question that arises in the disposition that was made in this case relates to the law of unconscionability and whether the judgment reflects the appropriate application of this law to derive results that provide for the promotion of efficient market outcomes. Since the Plaintiffs in this case were the daughters of the deceased man while the primary beneficiary was a nephew upon whom the deceased may have been unconsciously dependent, an additional question that arises is whether this dependence produced a property distribution that was inequitable to the daughters when viewed from a feminist perspective.
Bill York was a grazier who had lived in Wallumbia all his life. He had four daughters, all married and living off the estate, which he operated, with the help of his brother Sam and his nephew Neil York. In 1985, Bill York drew up his will in which he gave his house, his car and money in the bank to his wife while the estate was to be divided among his daughters, subject to an important qualification – he gave his nephew Neil York, the option to purchase the entire holding for the sum of $200,000.1 Subsequent to this, in 1988, Neil York arranged for the sale of a piece of land known as Injune, which he had acquired with advances from the Mt Leigh pastoral Company that owned holdings possessed jointly held by Bill, Sam and Neil, for the sum of $150,000. He offered to buy some portions of Bill’s property for that sum of $150,000, while retaining his option on the balance of land that remained with Bill. In 1988, the transfers were arranged accordingly. The land that was transferred was owned partially by Bill alone (the territory known as Wonga Park partly by Bill and Sam (the territory known as Wonga park fee simple) and that owned by Neil and Bill (Risby ...Download file to see next pagesRead More
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