Angus v Angus [1917] HCA 62

Angus v Angus [1917] HCA 62

On the terms of the whole of the will, as to the balance of the net income after payment of one-half of it to his widow and his three children, it should be accumulated until the arrival of the time for distribution of the trust estate.

Parties
Trustee, Appellant: Permanent Trustee Co. of New South Wales Ltd.; Appellant, Child of Testator: James Angus; Appellant, Child of Testator: Rebecca Fleming; Appellant, Child of Testator: John Henry Smith Angus; Respondent, Infant Child of John Henry Smith Angus: Francis de Vernet Angus
Jurisdiction
Australia
Judgment Date
29 November 1917
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Construction of Wills, Accumulation of Income, Vesting of Intermediate Income
Wills and Estates Trusts Construction of Wills Accumulation of Income Vesting of Intermediate Income

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Parties

Permanent Trustee Co. of New South Wales Ltd.

Trustee, Appellant

James Angus

Appellant, Child of Testator

Rebecca Fleming

Appellant, Child of Testator

John Henry Smith Angus

Appellant, Child of Testator

Francis de Vernet Angus

Respondent, Infant Child of John Henry Smith Angus

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the three children of the testator were entitled to receive the balance of the net income of the testator's residuary estate after the division of one-half of the said income between the testator's widow and his three children as by the will directed, or whether such balance should be accumulated until the time fixed by the testator for the distribution of his trust estate.

Ratio Decidendi

On the terms of the whole of the will, as to the balance of the net income after payment of one-half of it to his widow and his three children, it should be accumulated until the arrival of the time for distribution of the trust estate.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.