McDonnell v Neil [1951] UKPCHCA 1

McDonnell v Neil [1951] UKPCHCA 1

Upon the language of the will and having regard to authority, there is a trust of one moiety of the residuary estate for Grace for her life with remainder to her issue and a trust of the other moiety for Emily for her life with remainder to her issue. Thus, the issue of each daughter take their respective moieties, per stirpes.

Parties
Appellants: McDonnell and Others; Respondents: Neil and Others
Jurisdiction
Australia
Judgment Date
06 March 1951
Procedural Posture
Appeal / Final Appeal From the High Court of Australia to the Privy Council
Outcome
appeal dismissed
Legal Topics
Construction of Wills, Distribution of Residuary Estate, Per Stirpes Vs Per Capita Distribution, Trusts for Life With Remainder
Wills and Estates Trusts Construction of Wills Distribution of Residuary Estate Per Stirpes Vs Per Capita Distribution Trusts for Life With Remainder

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Parties

McDonnell and Others

Appellants

Neil and Others

Respondents

Procedural Posture

Appeal / Final Appeal From the High Court of Australia to the Privy Council

Legal Issues

  1. 1 Whether the residuary estate of William McDonald is to be distributed per stirpes or per capita among the issue of his daughters Grace and Emily under the terms of his will
  2. 2 Proper construction of a gift to daughters for life with remainder to their issue, with grandchildren if any taking per stirpes

Ratio Decidendi

Upon the language of the will and having regard to authority, there is a trust of one moiety of the residuary estate for Grace for her life with remainder to her issue and a trust of the other moiety for Emily for her life with remainder to her issue. Thus, the issue of each daughter take their respective moieties, per stirpes.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellants must pay the costs of the appeal.