SAGER V. GOWARD & OTHERS 26A/1926

SAGER V. GOWARD & OTHERS 26A/1926

The gift to charity is void as it is contingent upon uncertain events (death of some grandchildren and accumulation of sufficient funds) which may not occur within the perpetuity period, causing the testator to die intestate as to his residuary estate.

Parties
Appellant: Sager; Respondent: Goward; Respondents: Others
Jurisdiction
Australia
Judgment Date
09 April 1926
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Charitable Trusts, Rule Against Perpetuities, Testamentary Gifts
Wills and Estates Equity Charitable Trusts Rule Against Perpetuities Testamentary Gifts

Case Brief

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Parties

Sager

Appellant

Goward

Respondent

Others

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the gift for building tenements for poor persons constituted a valid charitable gift
  2. 2 Whether the charitable gift violated the rule against perpetuities

Ratio Decidendi

The gift to charity is void as it is contingent upon uncertain events (death of some grandchildren and accumulation of sufficient funds) which may not occur within the perpetuity period, causing the testator to die intestate as to his residuary estate.

Court Disposition

Appeal allowed

Orders

  • Declaration that the testator died intestate as to his residuary real and personal estate