PLUMMER V. POLSON & ORS.

PLUMMER V. POLSON & ORS.

The gift under the codicil is to a composite class consisting of all the sons living at the death of the specified grandchild and the children of any deceased sons, such children taking by substitution the share their father would have taken, the word 'and' in the provision indicating that both may take concurrently.

Parties
Appellant: Plummer; Respondents: Polson & Others
Jurisdiction
Australia
Judgment Date
10 May 1950
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Codicil, Testamentary Disposition, Class Gift
Wills and Estates Construction of Codicil Testamentary Disposition Class Gift

Case Brief

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Parties

Plummer

Appellant

Polson & Others

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Proper construction of a provision in a codicil regarding the distribution of proceeds of land after the death of a specified beneficiary

Ratio Decidendi

The gift under the codicil is to a composite class consisting of all the sons living at the death of the specified grandchild and the children of any deceased sons, such children taking by substitution the share their father would have taken, the word 'and' in the provision indicating that both may take concurrently.

Court Disposition

Appeal dismissed

Orders

  • Costs of parties to the appeal to be paid as between solicitor and client out of proceeds of the land referred to in the codicil to the will of the testator