Lucas v Hawkes [1920] HCA 59

Lucas v Hawkes [1920] HCA 59

On the death of a child of the testator and until the death of the last surviving child, the children of such deceased child take a life interest only in the income of the fund, and on the death of one of those children, the share of the income that would have been payable to them becomes payable to the personal representative of their parent.

Parties
Appellant: Bessie Elaine Lucas; Respondents: Hawkes and Others
Jurisdiction
Australia
Judgment Date
24 September 1920
Procedural Posture
Appeal / High Court of Australia, Appeal From Supreme Court of South Australia
Outcome
Appeal dismissed
Legal Topics
Construction of Will, Gift of Income, Substitution of Issue, Limitation of Interest
Wills and Estates Construction of Will Gift of Income Substitution of Issue Limitation of Interest

Case Brief

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Parties

Bessie Elaine Lucas

Appellant

Hawkes and Others

Respondents

Procedural Posture

Appeal / High Court of Australia, Appeal From Supreme Court of South Australia

Legal Issues

  1. 1 Whether children of a deceased child of the testator take a life interest only in the income until the death of the last surviving child
  2. 2 What becomes of the share of income payable to a grandchild of the testator upon their death

Ratio Decidendi

On the death of a child of the testator and until the death of the last surviving child, the children of such deceased child take a life interest only in the income of the fund, and on the death of one of those children, the share of the income that would have been payable to them becomes payable to the personal representative of their parent.

Court Disposition

Appeal dismissed

Orders

  • Costs of all parties as between solicitor and client to be paid out of the estate