CO129-557-12 Armstrong and Turner v. Estate Duty Commissioner- appeal to Privy Council 18-5-1936 - 2-10-1936 — Page 106

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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