O'CONNOR V. PERPETUAL TRUSTEE COMPANY LTD.

O'ooron Vv PERPETUAL TRUSTEE COMPANY LTD. \ )

upaurnr . . KNOX C.3y

This is an

cal from so much of o decretal order of Harvey Od, inftquity as declared that certain property in Church and csorge Streets Parrawatts was atrieisie fo 48 appellant and the other half to the children of Samuel Barber who survived his widow, including the appellant, and the grand—ehildren of the said Samuel Barber whose par- ents predeceased the said widow, such grandchildren to take £ixx pera

shirpes. The question turns upon the construction to be put upen the

will of Samuel Barber. The gift.of the property now in question is

in the words following viz:- "I give and devise unto the said George Thomas Hunt and yenry Janes Barber or the survivor ef them or the heirs executors or administrators of such survivor all that my block of pro- perty at the corner of Georg: & Church Sts Paranatta aforesaid upon trust to receive the rents issues and profits thereof and out cf such proceeda to pgy to my dear wife Margaret Barber the yearly sum of £364 by. equal quarterly payments for and during the term of her natural.life er so long as she remains my widow but in the event of her intermarrying after wy decease then that the annuel payment sto be made to her shall be roffvith reduced to the sui of £300 and further to pay un out of the

Diva bos 1926

ij : a : 'skares end proportions «

a.

said rents issues and profits unto my daughter Icey Britaania Jolinstn Barber the yearly sum of £150 by equal quarterly payments for and during h h

o

the term of her natural life or until the decease of Mother my daid wife Margaret Barber and from and immediataly after her decesse I dir- ect that the said block of land be sold g one half of th2 proceeds to be invested for or paid over tc my dear daughter Icey Britannia Johnson Barber and thecthsr half be equally divided bety surviving and I further direct my said trustees after the y before mentioned annuitigs and oll retes taxes and re 3 to divide the balance cf such rents and profita bet my daughters Lydia Dale and Ruth Cook until my wife's death as aforesaid,"