12.
death of the other party to the marriage unlear
such person was at the time of his or her death or
hod boen at my time during the continumoe of the
settlement competent to dispose of such property.
(2) For the purposes of this section, the term
settlement moens any deod, will, agreement for a
饔
settlement or other instrument, or any number of
instruments, whether made before or after or partly
before and partly after the commencement of this
Ordiners e, under or by virtue of which instrument
or instruments any property, or shy cstets or
interest in any property, stande for the time being
limited to or in truet for any persons by way of
succession, and the term settled property merns the
property comprised in a nettlement."
the marginal note to soction 25 is as follows :
"kelief in the caso of certain settlementa
57 & 58
Vict. c. 30. 8.5(2), 4 & 5 Goo. 5. c.10. 9.44."
A copy of the Urainer ou (with amendments which are
immateriel) is sent herewith.
The appellants contend that the dispositions of Sir C.P.
Chater's will by which an annuity is given to his wife for
life, ceasing on her death, gave the wife an interest in the
residuary estate which on her death did not disappear, but was
transferred by law to the ultimate beneficiaries and that such
disposition amounts to a settlement within the terms of
section 25 and that therefore under the terms of section 25(1)
no estate duty would be payable on the death of the wife in
respect of the t part of the residuary estate which represents
the notional fund which would have sufficed to meet the annuity,
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