Comisky v. Bowring-Hanbury [1905]

Comisky v. Bowring-Hanbury [1905]

Key Notes

• The court in this case emphasised the importance of looking at the entire document when interpreting a will or legal document.

• If a prior statement in a will or document is unclear or contradictory, it can be overridden by later, more specific and obligatory language.

• In this case, the court concluded that the later words in the document created a trust, despite the earlier ambiguity.

• This principle highlights that clear and specific language will take precedence over earlier vague or uncertain expressions in determining the testator's intent.