HUNTER V. HANLON 37/1930

HUNTER V. HANLON 37/1930

The explicit directions in the will entitle Jeannie Hunter to a lease of the hotel property at the termination of any subsisting lease, regardless of whether the widow survived the testator, and to an option to purchase under specified conditions. The trust to grant a lease has not failed by reason of the widow's...

Source-derived case information.

Parties
Applicant: Jeannie Hunter; Respondent: Hanlon and Others
Jurisdiction
Australia
Judgment Date
11 December 1930
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed.
Legal Topics
Interpretation of Wills, Trusts, Option to Purchase, Lease Provisions
Wills and Estates Interpretation of Wills Trusts Option to Purchase Lease Provisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jeannie Hunter

Applicant

Hanlon and Others

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Jeannie Hunter is entitled to a lease of the hotel property under the will despite the widow predeceasing the testator.
  2. 2 Whether the offer to Jeannie Hunter was in proper form.
  3. 3 Whether valuation is required prior to the exercise of the option to purchase.

Ratio Decidendi

The explicit directions in the will entitle Jeannie Hunter to a lease of the hotel property at the termination of any subsisting lease, regardless of whether the widow survived the testator, and to an option to purchase under specified conditions. The trust to grant a lease has not failed by reason of the widow's predeceasing the testator.

Court Disposition

Appeal allowed.

Orders

  • Judgment of the Supreme Court discharged.
  • Questions in the originating summons answered as specified in the judgment.