High Court of Australia
fa iD Anoxcf, Lance ff dlchef
———_.
- JODGENT
gues tion Fadsed, in thie appeal is whether on the true. construction of the. will of TLR. O. Arthur, deceased, the appellant
Sybil Nelson. is, entithes to a share in the ress vary estate of
the testator. The testator Bled on the akth Jan. ; 31g leaving
'a: wild dated the Sth lov. 1918, zt eqaesthed. oertain -
legacies including one of #200 to the appellant, and directed
his trustees. to hole the, Tealdue of his eatate upen the 'trusta
Br ne '
declared in pare. 4&5 ofthe will. These paragraphs are 2a
follows:
4, "X ,Girect my trustees t@ hold the residue of my eetate upon trust to divide the same equally between my brothers and. sisters and: the children (per atirpes aud not percapita) of wy Jate bro- ther Charles Arthur and my sister Mary Raynor Mason the leaf men— toned. taking, the, share, whioh my. eaid. brother and. sister would have taken had he or she survived me" ate " In: the: event.of any brother or sister of, mine dying in my ifetime leaving chilaren living at my death such:children 'shall
stand in the place of such deceased brother or sister and take
any ohiliren, a brother Charlds, mentioned én the will, had. died -
.facts were within the knowledge of the testator.
per-stirpes and equally between them if more than one the share
of 'my residuary estate which such deceased brother or sister would have taken if he or she had survéved me with the following exception that in the oase of the death of my brother George H.Arthur in my lifetime then the share in my estate.to. which my said. brother... ' would have been entitled had he survived me shall be held by my trus.
'$ees upon trust for his son 'George Arthur as J, consider. his daughter
is otherwise provided for"
At the date of the will and at the date of testator's dea: a brother George and a sister charlotte were Living, tro 'brothers, . John and Albert, and a sister RL .charda, had died without having "had , leaving a ohild then living, and a 'eister Kate had died' on "the: atth Nov. I9I7, leaving her daughter, the appellant, her surviving. These
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