High Court of Australia
ADAMS & OFMNES x. PEEPELUAL TRUSTER COLT, ¢: 03)
KNOX, C.J:
These were appeals by- several of the beneficiaries under the will of W.J.Adams from an order made by Street, C.J. in Equity on an originating summons which raised for decision a number of questions turning on the construction of thé will.
The questions involved in these appeals are those numbered 4, 5, 8, 9, 19, 12'end 13 in the originating summons. After heering argument the Court intimated that the decision of the learned Chief Judge in Bquity on questions 4, 12 & 13 would be
affirmed, but that the declaration in answer to question 13 would
be expressed to be without prejudice to the rights of unborn children, It is unnecessary to deal further with these questions.
The declaration made in answer to questions 5 & 8, which were taken together, was that so long as the trustees of George Adams" will should continue to manage under the agreement of 15th February.191? and so long »s the Trustees of the will of W.J.Adams should receive only the bslance of the net income in accordance with that agreewent they should pool the whole of the net income receivable by the four children of the testator in respect of the lands specifically devised to them respectively and divide the same in the proportion of 3/13 for each daughter and 4/13 for the defendant W.C.Adems.
The answer to be given to these questions depends upon the true construction of a provision in the will which is in the words following, vizi-
"I declare that my trustees may in their adsolute discretion pay any annuities or lapsed annuities under the will of the late George Adens, interest on mortgages, lond tax Federal or State and any City or Municipal tax in respect of the said properties, devised to my Trustees upon trust for my said four children out of the rents or income derived from any one or more of the said properties so devised to my four children my intention being that my ssid Trustees shall as far as possible equalise the annual income to be received by each of my children from the said
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