Stratton v Simpson [1970] HCA 45

Stratton v Simpson [1970] HCA 45

The residuary bequest in clause 15, even if not exclusively charitable, is valid because section 102 of the Trustees Act, 1962 W.A. operates to restrict distributions to charitable institutions, thus preventing invalidity and defeating intestacy.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['validity of Charitable Trusts' 'intestacy' 'rule Against Perpetuities' 'statutory Saving of Trusts']
['trusts and Estates' 'charities Law'] ['validity of Charitable Trusts' 'intestacy' 'rule Against Perpetuities' 'statutory Saving of Trusts']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the residuary bequest in clause 15 of the will of John Peter Stratton is void and results in an intestacy' 'Whether the trust is exclusively charitable or saved by section 102 of the Trustees Act, 1962 W.A.']

Ratio Decidendi

The residuary bequest in clause 15, even if not exclusively charitable, is valid because section 102 of the Trustees Act, 1962 W.A. operates to restrict distributions to charitable institutions, thus preventing invalidity and defeating intestacy.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs']