Crane v Crane [1949] HCA 52

Crane v Crane [1949] HCA 52

The class of children to share in the gift was closed in 1939 when the eldest child (Gordon Jack Crane) attained twenty-one years under the rule in Andrews v. Partington. The advancement and maintenance clauses did not indicate an intention for the fund to be retained or the class to remain open. Therefore, William Clement Crane, born later, was not entitled to participate.

Parties
Appellant: William Clement Crane; Respondent: Gordon Jack Crane; Respondent: Charles Samuel Crane; Respondent: George Joseph Crane
Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Will Construction, Class Closing Rules, Trusts, Advancement Clauses
Succession Law Will Construction Class Closing Rules Trusts Advancement Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

William Clement Crane

Appellant

Gordon Jack Crane

Respondent

Charles Samuel Crane

Respondent

George Joseph Crane

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether William Clement Crane, a son born after the eldest child attained 21, is entitled to share in the testator Arthur Crane's residuary estate under the will.
  2. 2 Whether the advancement and maintenance clauses in the will prevent application of the rule in Andrews v. Partington.

Ratio Decidendi

The class of children to share in the gift was closed in 1939 when the eldest child (Gordon Jack Crane) attained twenty-one years under the rule in Andrews v. Partington. The advancement and maintenance clauses did not indicate an intention for the fund to be retained or the class to remain open. Therefore, William Clement Crane, born later, was not entitled to participate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Costs of all parties to the appeal to be paid out of the estate; trustees' costs as between solicitor and client.