Marks v Trustees Executors & Agency Co Ltd [1948] HCA 38
The interests referred to in the will vest absolutely and indefeasibly in Colin Bentley upon his attaining twenty-one. The subsequent trusts do not divest his vested interest as the word 'vested' is intended to mean 'vested in interest' in the context of this will, and the trusts operate as a consistent whole only on failure of vesting under the prior trusts.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['interpretation of Trusts' 'vesting of Interests' 'disposition of Trust Property']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the one-fifth share in the Property Trust Fund vested absolutely and indefeasibly in Colin Bentley' 'Whether subsequent trusts in the will operated to divest a vested interest']
Ratio Decidendi
The interests referred to in the will vest absolutely and indefeasibly in Colin Bentley upon his attaining twenty-one. The subsequent trusts do not divest his vested interest as the word 'vested' is intended to mean 'vested in interest' in the context of this will, and the trusts operate as a consistent whole only on failure of vesting under the prior trusts.
Court Disposition
appeal dismissed
Orders
- ["Appellant to pay respondents' costs of appeal"]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment