O'FARRELL AND OTHERS V. PERPETUAL TRUSTEE COMPANY LTD. AND OTHERS

AV |I4MR'D

O' FARRELI AND OTHERS hick /

EERPSTUAL TRUSTE: COMPANY LIMITED AND OMTIRS

This is an appeal from the judgment of Harvey C.J. Bq.

pronounced as long ago as the Zrd April 1925. It relates to a difficult set of provisions in the will of a testator who endeavoured

to propound a detailed scheme for supporting officers, whom he

called " lducational Experts ", in certain dioceses of the Roman a9)

Catholic Church¢¢ _in New South Wales. At the request of the

partiss, the appeal has been allowed to stand out of the list until

'the present in order that they might overcome by some agreement A

the difficulties which have arisen in carrying out the scheme. fhis,however, has been found impossible, and we are now ealled upon to place a construction upon the provisions of the will.

The first and most important question is whether the suns of money which the testator directs to be expended by articles

I,7,8, and 9 of the will are in each case to be applied exclusively

in or towards the payment of the salary, or salaries, of the

educational experts. We egree with Harvey 0.J. thinking that this question must be answered in the affirmative. In the case of articles I and 7 , the terms in which the

provisions are expressed are explicit, and allow of no e§cape from

{ i {

' ejek the conclusion: that' thé 'money must be so applied in salary and cannot be devoted to any other purpose. In the case of article

9 the language is not so explicit ,but the words "for such

ich occur at the end of the article,"

clear that the sums which fall within % applied to the same object. Article S& ,however, contains no such definite expression. We cannot doubt,however,that the limitation

upon the totsl amount to be received by 2 Diocese refers to the sum made up of the amounts applied under articles I or 7 and article 6&

and wheh this is considered with the fact that only those dioceses