63
10
23
nierely gives certain rights to remaindermen.
No. 14.
Notes of the
--allows residuary legatee in proper case to come in and get something by Chief Justice
distribution despite annuity charges.
Macnamara (in reply)
Unreasonable anyway that accident of setting aside or non-setting aside
should make all the difference.
Will-Clause 8-is operative both re setting aside (making provision for
annuities) and re final trusts.
As to Harbin v. Masterman residuary legatee has rights which trustees
might obtain for them.
Watson's case. Substitute "interest" for "estate" limited by way of
succession and you get position here.
Lady C. had share, though undivided, yet determined as to size in
residuary estate.
Can jointure be charged on part of estate?
on the Appeal to the Full Court. 8th January, 1936. (Continued)
20
30
17.2.36.
In Court-10 a.m.
C.A.V.
init. R.E.L.
9. 1. 36.
Appeal No. 14 of 1935.
Full Court-Coram Self and Hayden P.J.
Written judgments delivered dismissing appeal with costs.
(Signed) R. E. LINDSELL,
Chief Justice.
8.1.36
No. 15. Notes of the Puisne Judge on the Appeal to the Full Court.
10 a.m.
In Ct.
Macnamara (Sir W. Shenton) for Appellants.
Potter, K.C., (Hazlerigg, Cr. Soitr.) for Respondent.
Macnamara:-
Refers to Chater's will-beginning of Clause 8-ultimate trust (8) (d) Ord. 3 of 1932 s. 5 (1) (b) covers an annuity.
s. 25 (1) & (2) relieves from duty in the case of this annuity.
No. 15.
Notes of the Puisne Judge on the Appeal to the Full Court.
8th January, 1936.