High Court of Australia
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Soe
Miwtous Vian
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Yara gy kat M Larr fe Mea LELER dP
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HUNTEF
ve
HANION AND OTHERS .
O\DER.
HUNTER v HANLON AND OTHERS
i?) R D &£ R Appeal allowed. Judgment of the Supreme Court discharged. In lieu thereof questions in the originating summons answered as follows :-
ANSWER to question I. (a) Yes; immediately upon the death of the testator. (bo) The offer contained in such letter to Jeannie Hunter was in proper form and a valuation ought not to be first made. (c) In the circumstances of this case within a reasonable
time after this judgment.
ANSWER to the first part of question 2. No ANSWER to second part of question 2.
By giving to Jeannie Hunter the option of purchasing at a valuation the said land and buildings encumbered by her right at the termination of the existing lease to take a lease for ten years at a fair annual rental without bonus viz 3 at such fair and reasonable rent as would be likely to be commercially obtainable from a tenant who pays no bonus or ingoing by a landlord who is not anxious but is willing to let. The valuation to be made pursuant to the terms of the will after her exercise of the option to purchase. If she shall not exereise such option,then by offering for sale in manner
directed by the will the lands and buildings encumbered as
aforesaid.
ANSWER to question 3,
This question does not arise.
Answer to question 4,
The costs of all parties of the proceedings in the Supreme
Court should be taxed as between Solicitor and Client and paid out
of the estate.
Costs of this appeal out of the estate, those of the
trustee as between Solicitor and Client.
JUDGMENT ISAACS C.J.
t supa ISAACS C3.
This is an appeal from the Supreme Court of Victoria upon an originating summons to determine certain rights of the beneficiaries under the will of Thomas Hogan. The testator died on September 6, 1926. His wife predeceased him, but he left five children him surviving. The questions propounded concern certain rights of one of the children, namely, Mrs, Jeannie Hunter, in respect of a portion of 'the testator's estate known as the Commercial Hotel,
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