Cousins v Cousins [1906] HCA 27

Cousins v Cousins [1906] HCA 27

The renovation of a vineyard of established reputation, devised by the testator for the benefit of his descendants, constitutes salvage; the Court of Equity may authorize the raising of money by mortgage for the purpose of restoration when necessary to preserve the estate for its intended use.

Parties
Plaintiffs: Cousins and Others; Defendants: Cousins and Others
Jurisdiction
Australia
Judgment Date
14 May 1906
Procedural Posture
Friendly Suit / Appeal From Supreme Court of New South Wales, Equity
Outcome
Order varied and cause remitted to the Supreme Court of New South Wales for further consideration; declaration made that raising money by mortgage for restoration is proper and desirable.
Legal Topics
Mortgage of Trust Estate, Preservation and Renovation of Inherited Property, Court's Jurisdiction Over Infants' Property
Equity Trusts Mortgage of Trust Estate Preservation and Renovation of Inherited Property Court's Jurisdiction Over Infants' Property

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Parties

Cousins and Others

Plaintiffs

Cousins and Others

Defendants

Procedural Posture

Friendly Suit / Appeal From Supreme Court of New South Wales, Equity

Legal Issues

  1. 1 Whether the Court of Equity has jurisdiction to authorize a mortgage on an inherited estate for its renovation and preservation
  2. 2 What constitutes salvage in the context of trust property held for infants

Ratio Decidendi

The renovation of a vineyard of established reputation, devised by the testator for the benefit of his descendants, constitutes salvage; the Court of Equity may authorize the raising of money by mortgage for the purpose of restoration when necessary to preserve the estate for its intended use.

Court Disposition

Order varied and cause remitted to the Supreme Court of New South Wales for further consideration; declaration made that raising money by mortgage for restoration is proper and desirable.

Orders

  • Reference to the Master to inquire what sums are necessary to restore estate and on what conditions.
  • Appellants' costs of appeal may be raised out of the estate as directed by the judgment.