19
10
20
30
How distinguish interest in s.s. 5 and 25
Accretion and succession.
By H.
Mac.
Do appellants maintain all property settled?
No, Lady C. got undivided share settled.
Annuity not legacy payable by instalments but definite interest in estate
which passes on death.
So judgment of Lush J.
So A. G. v. Owen 1899 2 Q B. 253.
Direction to set aside property creates settlement.
Judgment of Grantham J. at p. 263.
What difference even if no property set aside?
In re Campbell (1902) 1 K.B. 113.
Even in case of settlement proper.
Annuitant has recourse to whole corpus (Carmichael v. Gee).
Interest for life in fund which passes to subsidiary legatee
Interest not fund passes.
Particular fund need mean no more than easily determinable fund.
Re Waller (1916) 1 Ch. 158.
II.
Sargant J.'s opinion on point is "obiter"
On point "no settlement because no succession.
Re A.G. v. Robertson (1893) 1 Q.B. 293.
In any case court will proceed on maxim that that will be done which
ought to have been done.
13 Halsbury p. 82.
Here residuary legatee could have required part of estate to be set aside
to satisfy anuuitant and annuitant can't resist.
See Harbin v. Masterman, (1896) 1 Ch. 351 p. 360 Judgment of L. J.
Lindley.
Resumed 2.30 p.m.
Macnamara continues:
Adjourned to 2.30 p.m.
Re equitable doctrine-it is fair construction of whole Will to say that it
includes instructions to set aside funds for annuities.
No. 14. Notes of the Chief Justice on the
Appeal to the Full Court. 8th January
1936. (Continued)
59