An order of the kind sought known as a Benjamin order is so styled after the case of In re Benjamin; Neville v Benjamin [1902] 1 Ch 723, a decision of Joyce J. In that case, the administrator did not know whether a beneficiary had perished, and, if so, whether he had done so before the testator. Joyce J held that the beneficiary should be presumed to be dead, and, there having been no claim by any executor of the estate of the beneficiary, that the administrator could proceed on the basis that the beneficiary had not survived the testator: Rein J in Warwick John Nelson, Re the Estate of the late Kevin Stack [2011] NSWSC 764 at 3.