Pearce v Wright [1926] HCA 41

Pearce v Wright [1926] HCA 41

The words of the will make the annuity a charge on the half interest in the land, payable by the son and two daughters as between themselves in proportion to their respective shares in the devised property. No joint personal liability among the beneficiaries is imposed by the will.

Parties
Appellant: Louisa Eliza Jane Pearce; Respondent: Horace Gilbert Wright; Respondent: Florence Emily Boulton Garvan
Jurisdiction
Australia
Judgment Date
11 November 1926
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed; decretal order varied as stated in the judgment; appellant to pay costs of appeal.
Legal Topics
Construction of Will, Charges on Property, Annuities, Proportionate Liability of Beneficiaries
Wills and Estates Construction of Will Charges on Property Annuities Proportionate Liability of Beneficiaries

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Parties

Louisa Eliza Jane Pearce

Appellant

Horace Gilbert Wright

Respondent

Florence Emily Boulton Garvan

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the language of the will creates a charge upon the testator's half interest in land for payment of an annuity to his widow
  2. 2 In what proportions the beneficiaries are liable for the annuity

Ratio Decidendi

The words of the will make the annuity a charge on the half interest in the land, payable by the son and two daughters as between themselves in proportion to their respective shares in the devised property. No joint personal liability among the beneficiaries is imposed by the will.

Court Disposition

Appeal dismissed; decretal order varied as stated in the judgment; appellant to pay costs of appeal.

Orders

  • Declaration (a) in the decretal order struck out; declaration (b) amended; further declaration made that as between the plaintiff and the two defendants, the annuity is payable in proportion to their respective shares in the half interest devised to them by the said will; otherwise decretal order affirmed.