Jamieson v Christenson [1907] HCA 43

Jamieson v Christenson [1907] HCA 43

The Intestates' Estates Act 1896 (Vict.) does not confer rights on widowers but only on widows. Sec. 25 of the Married Women's Property Act 1890 does not incorporate statutory changes after its commencement. Thus, the estate of a married woman who died intestate, valued at less than £1,000, is distributable one-half to the husband and one-half to the next of kin.

Parties
Appellant: John Jamieson; Respondents: Tenson and another (brothers, next of kin)
Jurisdiction
Australia
Judgment Date
16 September 1907
Procedural Posture
Appeal / High Court Appeal From the Supreme Court of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
Intestacy, Distribution of Estate, Married Women's Property, Estate of Married Woman Dying Intestate
Succession Law Property Law Intestacy Distribution of Estate Married Women's Property Estate of Married Woman Dying Intestate

Case Brief

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 2 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Jamieson

Appellant

Tenson and another (brothers, next of kin)

Respondents

Procedural Posture

Appeal / High Court Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the Intestates' Estates Act 1896 (Vict.) applies to widowers as well as widows for estates under £1,000
  2. 2 Whether sec. 25 of the Married Women's Property Act 1890 (Vict.) incorporates future alterations in the law governing the distribution of estates of married persons

Ratio Decidendi

The Intestates' Estates Act 1896 (Vict.) does not confer rights on widowers but only on widows. Sec. 25 of the Married Women's Property Act 1890 does not incorporate statutory changes after its commencement. Thus, the estate of a married woman who died intestate, valued at less than £1,000, is distributable one-half to the husband and one-half to the next of kin.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.