Sumpton v Downing [1947] HCA 36

Sumpton v Downing [1947] HCA 36

The children and grandchildren of Mary Blood who were living at her death are entitled to the whole of the corpus of the residuary estate, the grandchildren taking their deceased parent’s share. The language of the gift, context, and substitutionary clause show a per capita distribution to a composite class rather than per stirpes among children of the respective sisters. There is no intestacy as to any portion of the residue.

Parties
Appellants: Sumpton and Others; Respondents: Downing and Others; Respondents (surviving Trustees of the Will of Thomas Statham): H. P. and I. B. Downing
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia on Appeal From Supreme Court of Western Australia (wolff J.)
Outcome
Appeal dismissed
Legal Topics
Construction of Will, Residuary Estate, Gift Per Capita or Per Stirpes, Intestacy, Life Estate, Substitutionary Gifts
Wills and Estates Construction of Will Residuary Estate Gift Per Capita or Per Stirpes Intestacy Life Estate Substitutionary Gifts

Case Brief

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Parties

Sumpton and Others

Appellants

Downing and Others

Respondents

H. P. and I. B. Downing

Respondents (surviving Trustees of the Will of Thomas Statham)

Procedural Posture

Appeal / High Court of Australia on Appeal From Supreme Court of Western Australia (wolff J.)

Legal Issues

  1. 1 Whether the children and grandchildren of Mary Blood, living at her death, were entitled to the whole of the corpus of the residuary estate per capita or per stirpes
  2. 2 Whether there was an intestacy as to one-half of the corpus and one-half of the income between certain dates

Ratio Decidendi

The children and grandchildren of Mary Blood who were living at her death are entitled to the whole of the corpus of the residuary estate, the grandchildren taking their deceased parent’s share. The language of the gift, context, and substitutionary clause show a per capita distribution to a composite class rather than per stirpes among children of the respective sisters. There is no intestacy as to any portion of the residue.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of all parties to be paid out of the estate, those of the trustees as between solicitor and client