Allen v Crane [1953] HCA 69

Allen v Crane [1953] HCA 69

The phrase 'male issue' in the testator's will means males tracing their descent through males only, not simply any male descendant; therefore, John Hugh Carrigan, though a male, as a son's daughter's son, does not fall within the class of beneficiaries intended by the will.

Parties
Appellants: Allen and Others; Respondents: Crane and Others
Jurisdiction
Australia
Judgment Date
15 October 1953
Procedural Posture
Appeal / 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 Wills, Trusts, Interpretation of 'male Issue'
Wills and Estates Construction of Wills Trusts Interpretation of 'male Issue'

Case Brief

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Parties

Allen and Others

Appellants

Crane and Others

Respondents

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Meaning of 'male issue' in a will—whether it refers to males tracing descent through males only or includes all male descendants including those through females

Ratio Decidendi

The phrase 'male issue' in the testator's will means males tracing their descent through males only, not simply any male descendant; therefore, John Hugh Carrigan, though a male, as a son's daughter's son, does not fall within the class of beneficiaries intended by the will.

Court Disposition

Appeal allowed; decision of Supreme Court of New South Wales reversed.

Orders

  • Decretal order declaring the residuary estate held on trust for John Hugh Carrigan upon his attaining 21 years is discharged.
  • Declaration substituted that the residuary estate is to be divided between the defendants other than John Hugh Carrigan.