CO129-557-12 Armstrong and Turner v. Estate Duty Commissioner- appeal to Privy Council 18-5-1936 - 2-10-1936 — Page 26

FROM

25

BURCHELLS,

LETTER TO

The Controller, Estate

Duty Office.

SHEET NO.

2

DATE

10.7.36.

of the rest of my estate but that the capital of such appropriated investments may be resorted to in case at any time the income thereof is insufficient to pay any such annual sum or sums And I further declare that on

the cesser of any such annual sums such part of the appropriated investments as shall not in the opinion of my Trustees be required for the payment of the other annual sum or sums for the time being payable under the trusts of this my Will shall revert to and form part of my residuary estate and that any surplus income arising from the appropriated investments shall be applied as income of my residuary estate".

By Clause 8 of his Will the Testator made the

following provision with regard to investment :-

"8. Subject to the payment of my funeral and testamentary expenses and debts and any legacies bequeathed by this my Will or by any Codicil hereto and the duty (if any) upon legacies and annuities bequeathed free of duty and subject to making provision for the payment of any annuities bequeathed by this my Will or any Codicil hereto my Trustees shall invest in manner hereinafter authorised the proceeds of the said sale calling in and conversion and stand possessed of such investments and of such parts of my residuary estate as shall at my death consist of such investments as are hereinafter authorised (which said net proceeds and investments and any investments substituted therefor are herein collectively referred to as "my residuary estate") upon the following trusts, viz: ".

•

The Testator died on the 27th March 1926 domiciled

in the Colony. Estate Duty was paid on the whole of the

Testator's estate and Probate was granted by the Supreme Court

of the Colony on the 9th September 1926.

No fund was set aside by the Trustees to meet the

said annuity to the Testator's wife but the same was paid out

of the general income of the residuary estate as and when it