Walsh, Jennifer-Jane Inez v Walsh, Brian & Ors (As Trustees of the Estate of James Walsh Deceased) & Ors [1998] FCA 647

FEDERAL COURT OF AUSTRALIA SUCCESSION - Construction of will - Gift of income of estate to children of named persons "in equal shares as tenants in common" with gift of capital to others after the death of the last to die of the said children - Proper destination of share of income taken by one child following his death and pending the death of all his siblings. JENNIFER-JANE INEZ WALSH v BRIAN WALSH, TERENCE ALAN WALSH and BRYAN TERRENCE GERARD WALSH as Trustees of the Estate of JAMES WALSH (Deceased) and DAVID CHRISTOPHER WALSH and MICHELLE-ANNE WALSH WAG124 OF 1997 JUDGES: WILCOX, COOPER and LINDGREN JJ DATE: 8 MAY 1998 PLACE: SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG124 of 1997

On appeal from a judge of the federal court

of australia

BETWEEN: JENNIFER-jane inez WALSH

Appellant

AND: BRIAN WALSH, TERENCE ALAN WALSH and BRYAN TERRENCE GERARD WALSH as Trustees of the Estate of JAMES WALSH (Deceased)

First respondents

DAVID CHRISTOPHER WALSH and MICHELLE-ANNE WALSH

Second respondents

JUDGES: WILCOX, COOPER and LINDGREN JJ

DATE OF ORDER: 8 may 1998

WHERE MADE: SYDNEY (heard in perth)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The answers to question 2(a) and 2(c) set out in the Originating Summons that were given by Heerey J be amended so as to read "Yes" and "No" respectively. 3. The costs of all parties be paid out of the estate of the late James Walsh. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

western australia DISTRICT REGISTRY WAG124 of 1997

On appeal from a judge of the federal court

of australia

BETWEEN: JENNIFER-jane INEZ WALSH