Buick v Equity Trustees Executors and Agency Co Ltd [1957] HCA 65

Buick v Equity Trustees Executors and Agency Co Ltd [1957] HCA 65

The expression 'issue' in the will covers all lineal descendants, not merely children. The gift to issue per stirpes is contingent upon attaining the age of twenty-one years, and class members may not necessarily vest their interest within the perpetuity period. As a result, the disposition of corpus is bad for...

Source-derived case information.

Parties
Appellant: James William John Buick; Respondent: Equity Trustees Executors and Agency Co. Ltd.; Respondent: Jill Margaret Buick Hart; Respondent: John Stephen Hart; Respondent: Nancy Isabella Hart; Respondent: Daisy Buick
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
appeal allowed in part
Legal Topics
Will Construction, Rule Against Perpetuities, Intestacy, Gift to Class, Interpretation of 'issue'
Wills and Estates Equity Will Construction Rule Against Perpetuities Intestacy Gift to Class Interpretation of 'issue'

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

James William John Buick

Appellant

Equity Trustees Executors and Agency Co. Ltd.

Respondent

Jill Margaret Buick Hart

Respondent

John Stephen Hart

Respondent

Nancy Isabella Hart

Respondent

Daisy Buick

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 What is the meaning of 'issue' as used in the testator's will?
  2. 2 Does the will provide indefeasible interests in corpus to the testator's children?
  3. 3 Is the gift to 'issue' bad for remoteness under the rule against perpetuities?

Ratio Decidendi

The expression 'issue' in the will covers all lineal descendants, not merely children. The gift to issue per stirpes is contingent upon attaining the age of twenty-one years, and class members may not necessarily vest their interest within the perpetuity period. As a result, the disposition of corpus is bad for remoteness and there is an intestacy as to the corpus, subject to the life interests of the widow and children.

Court Disposition

appeal allowed in part

Orders

  • Varied order of Supreme Court to declare that each child is entitled to one-half of the income of the residuary estate during his or her life only, subject to the widow's income; subject to these interests, there is an intestacy as to the residuary corpus.
  • Costs of the appeal to be taxed as between solicitor and client and paid out of the estate.