Gale v Gale [1914] HCA 53

Gale v Gale [1914] HCA 53

The sons were entitled to the residuary estate in equal shares, but their interests are defeasible upon the happening of the events mentioned in the will, except to the extent that any share may have been lawfully appropriated by way of advance under the powers contained in the will. The words 'die unmarried' refer to death at any time and not merely during the lifetime of the testator.

Parties
Appellant: William Thomas Gale; Appellant: Henry John Gale; Respondent: Frederick Christopher Gale; Respondent: Louisa Maud Gale
Jurisdiction
Australia
Judgment Date
29 September 1914
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Testamentary Disposition, Construction of Wills, Conditional Gifts, Gift Over
Wills and Estates Testamentary Disposition Construction of Wills Conditional Gifts Gift Over

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William Thomas Gale

Appellant

Henry John Gale

Appellant

Frederick Christopher Gale

Respondent

Louisa Maud Gale

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the residuary estate was given to the sons absolutely or subject to defeasance upon certain events
  2. 2 Interpretation of 'die unmarried' and timing of defeasance
  3. 3 Meaning of 'not appropriated' in the gift over

Ratio Decidendi

The sons were entitled to the residuary estate in equal shares, but their interests are defeasible upon the happening of the events mentioned in the will, except to the extent that any share may have been lawfully appropriated by way of advance under the powers contained in the will. The words 'die unmarried' refer to death at any time and not merely during the lifetime of the testator.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the plaintiffs and the defendant F.C. Gale are entitled to the residuary estate in equal shares, but their respective interests are defeasible upon the happening of any of the events mentioned in the will except so far as any such share may in the meantime have been lawfully appropriated by way of...
  • Costs of all parties of the appeal to be paid out of the estate.