58
No. 14.
Notes of the Chief Justice on the
Appeal to the
Full Court.
8th January
1936.
18
No. 14. Notes of the Chief Justice on the Appeal to the Full Court.
In Court 10 a.m.
Full Court.
Coram Self and Hayden J.
Macnamara (Deacons) for appellant. Potter, K.C. (Crown Sol) for Respondent.
Macnamara:
Facts entirely agreed.
Judgment challenged in law.
?
was there a settlement.
Omission from judgment below of distinction between property and 10
interest therein.
Will: Clause 8. Charges annuities on general surplus and creates
certain trusts,
of which (d) is ultimate one i.e. residuary.
Though annuitant dies his interest in fund may survive.
Ordinance 5 (1) (b)
Clearly covers estate for life and (says Crown) annuity also qua interest,
6
unless settlement
s. 25 (1) and (2).
Meaning of "settlement"
66
'Will under which interest in property stands limited in trust for someone by way of succession (i. e. here to Lady C. for life and then to others).
Two Points:
Cases:
I. No need to set aside specific fund.
II. Equity regards as done what ought to have been done.
I.
Here Church could have come in and required fund to be set aside. "Interest" in s. 5 (2) and s. 25 must bear same meaning.
Annuitant has interest in residuary property.
13 Halsbury 229 para 304.
20
Direction to set aside can hardly be distinguished from request to set 30
aside and cases in foot note (b)
Here annuity is charged on general residue.
A. G. v. Watson 1917 2 K.B. 427-annuitant had interest in residuary
estate.
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