Smith v WA Trustee Executor & Agency Co Ltd [1950] HCA 32

Smith v WA Trustee Executor & Agency Co Ltd [1950] HCA 32

Clause 13(c) was naturally and correctly construed so that "charitable" qualified "institutions", "bodies" and "organisations". The trustees' selection was therefore limited to charitable institutions, charitable bodies and charitable organisations in the Perth-Fremantle Area, and no part of the fund could consistently with the will be applied to non-charitable purposes. A gift to charitable objects selected by trustees is valid, so the bequest was not void for uncertainty and the appeal was dismissed.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Construction of a Will and Validity of a Charitable Disposition / High Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['construction of Will' 'charitable Bequest' 'certainty of Objects' 'trustee Power of Selection' 'residuary Estate']
['succession Law' 'trusts and Equity' 'charities'] ['construction of Will' 'charitable Bequest' 'certainty of Objects' 'trustee Power of Selection' 'residuary Estate']

Case Brief

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Procedural Posture

Appeal Concerning Construction of a Will and Validity of a Charitable Disposition / High Court Appeal

Legal Issues

  1. 1 ['Whether the adjective "charitable" in clause 13(c) qualified only "institutions" or also "bodies and organisations".' 'Whether the gift to charitable institutions, bodies and organisations in the Perth-Fremantle Area was void for uncertainty.' 'Whether the will impermissibly left the disposal of the residuary estate to the trustees.' 'Whether the trustees or selected organisations could apply the gift to non-charitable purposes.']

Ratio Decidendi

Clause 13(c) was naturally and correctly construed so that "charitable" qualified "institutions", "bodies" and "organisations". The trustees' selection was therefore limited to charitable institutions, charitable bodies and charitable organisations in the Perth-Fremantle Area, and no part of the fund could consistently with the will be applied to non-charitable purposes. A gift to charitable objects selected by trustees is valid, so the bequest was not void for uncertainty and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.' 'Appellant to pay costs of respondents as between party and party.' 'Executor will be entitled to its costs in default of payment by the appellant out of the estate.' 'In any event the executor will be entitled to its costs as between solicitor and client, taking any difference...