MAYOR V. BRISTOW

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment detivered at. BRISBANE

'A.C. Brooks, Government Printer, Melbourne ©.7630,'60

Appeal dismissed with costs.

By his will, dated 7th September 1961, Janes Walter Bristow appointed his sistar-ineLav, the appellant, exeouteix ef his will end gave and bequeathed to his wife, the wespondent, the sum of one thousand pounds and "a weekly allowance of FIVE POUNDS distralian Currency to be paid to her during her life muh weekly allevance only to be free of all éaties", He alse gave legacies of one thousand pounds and two hundred and fifty pounds respectively to his daughter and oon and thereafter gave, devised and bequesthed the residus of his estate to the appellant. the testator died in Queensland sone fifteen days after making his will and in June 1962 probate of his will was granted to the appellant. A statenent of the susets and liabilities of the testator supplied to the respondent by the appellant's sclicitors dissloses that the net value ef the teatater's estate at the tine of his death vas 016,387 but this figure takes no scesunt of an undisclosed income tax Liability of £8,103 whilst suceession duty and federal estate duty, 46 ds estimated, will absorh respectively £10,900 and £3,690. Taking these Liabilities into account there will vemain for distribution approximately £24,000 less testamentary and other expenses.

after tho testator's death the respondent commenced proceedings pursuant to The Testator's Fanily Maintenanse dots 191461982 and succeeded in obtaining an order that in substitution for ali other benefits under the will an amount of £12,900 in Aistvalian Currency should be palé to her free of a2) dation. In this appeal the order is attacked on three principal grounds. First of all, it 4s seid, thet the Learned judge of fivat instanee should have refused to make any order at all. Secondly, it 1s contended that there was no