JACKAMAN V. PERMANENT TRUSTEE COMPANY OF NEW SOUTH WALES

0.12280/45

HL B Daw, Gor. Print, Mtb

PERMANENT TRUSTER COMPANY OF NEW — "SOUTH WALES SO

REASONS FOR JUDGMENT

Judgment delivered at_.

on...

JACKAMAN Ve

TRUS OMPA. W_SO Wi AND_OTHERS

QRDER

Appeal dismissed. Appellant to pay the

costs of the respondents.

JAC!

ve.

JUDGMENT,

DIXON C.J, WILLIAMS J. WEBB

JACKAMAN

ve PERMANENT TRUSTEE COMPANY OF NEW SOUTH WALES LIMITED

JUDGMENT

WEBB J.

This is an appeal from so much of a decretal order made by Hardie A.J. sitting as the Supreme Court of New South Wales in Ege as declares that upon the true construction of the will and codicil of Arthur Henry Davies deceased and in the ewents which have happened the plaintiff (the trustee of the will and codicil) holds the property known as Craig~y-Mor mentioned and referred to in the will upon the trusts set out in Clause 6 of the will and clause 3 of the codicil. The effect of this declaration is that the appellant, who is the daughter

of the testator, has only an equitable life estate in this property, whereas she contends she has an absolute interest.

The testator made his last will md testament on 20¢h July 1934. He made a codicil thereto on 26th May 1937. He died on 28th January 1946, His widow died on the 26th February 1951. The full maiden name of the plaintiff was Muriel Norah Davies, but she was generally known as Cherry. She married Alfred Charles Morris Jackaman in 1938. There are issue of the marriage two children, both of whom are under the age o£ twenty-one yearse

The will of the testator first appoints trustees and mskes a specific bequest of a number of chattels. Itisa specific bequest to his wife and in case of her death in his life~ time "to my said daughter Cherry". Clause 4 of the will devises all h4s real estate and bequeaths. the residue of his personal estate upon trust (subject as thereinafter provided in the case