Adams v Perpetual Trustee Co (Ltd) [1964] HCA 31

Adams v Perpetual Trustee Co (Ltd) [1964] HCA 31

Ranee Anne James Flynn acquired a vested interest in her mother's share upon her birth under the initial trust. The gift over on the death of a daughter "without issue" was construed as applying only where the daughter died without having had a child who attained a vested interest, not as divesting a vested interest...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Construction of a Will and Trusts / Appeal to the High Court of Australia From a Decretal Order of Jacobs J. in the Supreme Court of New South Wales
Outcome
Appeals dismissed with costs.
Legal Topics
['construction of Wills' 'vested Remainder' 'gift Over' 'death Without Issue' 'class Gifts After Life Interest']
['succession' 'trusts' 'property'] ['construction of Wills' 'vested Remainder' 'gift Over' 'death Without Issue' 'class Gifts After Life Interest']

Source-derived case record

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Procedural Posture

Appeal Concerning Construction of a Will and Trusts / Appeal to the High Court of Australia From a Decretal Order of Jacobs J. in the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether, on Ranee Mary Gertrude Flynn's death after her only child had predeceased her, the corpus held for Ranee Mary for life passed to the estate of her child Ranee Anne James Flynn under the initial trust or went elsewhere under the gift over." 'Whether the expression "without issue" in the gift over meant death without having had a child who attained a vested interest, or death without leaving a child surviving.' "Whether the initial trust should be read as requiring a daughter's child to survive the daughter in order to take."]

Ratio Decidendi

Ranee Anne James Flynn acquired a vested interest in her mother's share upon her birth under the initial trust. The gift over on the death of a daughter "without issue" was construed as applying only where the daughter died without having had a child who attained a vested interest, not as divesting a vested interest because the child did not survive the daughter. The will and codicil disclosed no contrary intention sufficient to displace the settled rule of construction. Accordingly the lands and residue held for Ranee Mary for life were held on trust for Ranee Anne's estate absolutely.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['Appeal dismissed with costs.' 'Costs of the respondent Perpetual Trustee Company (Limited), so far as not recovered from the appellant, to be paid out of the estate of the testator.']