Wyatt v Perpetual Trustee Company Limited [1917] HCA 16

Wyatt v Perpetual Trustee Company Limited [1917] HCA 16

On the language of the will and codicil, the word 'death' meant death before the arrival of the time when the residuary estate had been realized and the proceeds were ready for distribution, and by the codicil this period was brought back to the date of death of the testator. Therefore, on the death of the testator, the residuary estate became indefeasibly vested in his children, who all survived him.

Parties
Appellants; Plaintiffs and Defendants: Wyatt and Others; Respondents; Defendants: The Perpetual Trustee Company Limited and Others
Jurisdiction
Australia
Judgment Date
26 April 1917
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed. Decision of Supreme Court of New South Wales reversed.
Legal Topics
Construction of Will, Vesting of Residuary Estate, Gift Over on Death Without Issue
Wills and Estates Trusts Construction of Will Vesting of Residuary Estate Gift Over on Death Without Issue

Case Brief

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Parties

Wyatt and Others

Appellants; Plaintiffs and Defendants

The Perpetual Trustee Company Limited and Others

Respondents; Defendants

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the residuary real and personal estate became on the death of the testator indeasibly vested in the testator's five children.

Ratio Decidendi

On the language of the will and codicil, the word 'death' meant death before the arrival of the time when the residuary estate had been realized and the proceeds were ready for distribution, and by the codicil this period was brought back to the date of death of the testator. Therefore, on the death of the testator, the residuary estate became indefeasibly vested in his children, who all survived him.

Court Disposition

Appeal allowed. Decision of Supreme Court of New South Wales reversed.

Orders

  • Order appealed from discharged except as to costs.
  • Question No. 4 answered in the affirmative.