Altson v Equity Trustees, Executors and Agency Co Limited [1912] HCA 34

Altson v Equity Trustees, Executors and Agency Co Limited [1912] HCA 34

The testator intended to give his daughter a life estate at least and provided two alternative gifts: to her children if any, or to his brothers and sister if none. As the daughter left no children, the estate passed to the brothers and sister or their legal personal representatives, and a power of sale arose for the purpose of distribution.

Parties
Appellant; Defendant: Barnett Hyman Altson; Respondent; Plaintiff: The Equity Trustees, Executors and Agency Co. Limited; Respondent; Defendant: J. W. Stranger (Curator of Intestate Estates)
Jurisdiction
Australia
Judgment Date
30 May 1912
Procedural Posture
Appeal; Originating Summons / Appeal From Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Interpretation of Wills, Life Estate, Gift Over, Intestacy, Power of Sale
Wills and Estates Property Law Interpretation of Wills Life Estate Gift Over Intestacy Power of Sale

Case Brief

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Parties

Barnett Hyman Altson

Appellant; Defendant

The Equity Trustees, Executors and Agency Co. Limited

Respondent; Plaintiff

J. W. Stranger (Curator of Intestate Estates)

Respondent; Defendant

Procedural Posture

Appeal; Originating Summons / Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Who is entitled to the testator's real estate after the death of his daughter if she left no children?
  2. 2 Whether a power of sale of the real estate has arisen under the will in the events that have happened

Ratio Decidendi

The testator intended to give his daughter a life estate at least and provided two alternative gifts: to her children if any, or to his brothers and sister if none. As the daughter left no children, the estate passed to the brothers and sister or their legal personal representatives, and a power of sale arose for the purpose of distribution.

Court Disposition

appeal dismissed

Orders

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