RIDGWAY V. LEE & ORS

c.a280/48

1. B, Daw, or. Print, Met

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment delivered ot SLOT a on Taewday, 15%% Sune 1948, .

RIDOWAY_y, JER ¢ RS. ORDER.

Appeal allowed. Questions answered as follows1~ +i) By ascertaining the income in fact derived by the widew from her own property, but exeInding the house known as Ko. 17 Mount Street, Perth, together with the furniture therein. 1044) (a) Yes. : 2441) (b) Yes. 14441) Not answered. Costs ef all parties im this Court and in the Supreme Court

to be paid out of the estate as between solicitor and client.

REASONS FOR JUDGMENT EATHAM .3.

This appeal raises a question of the interpretation of the will of the late George Ridgway. In his will he provided for a gift to his wife of "an annuity of such an amount as will, together with the income derived from her own separate estate (but excluding the house imewn as Ko-~ 17 Mount Street, Perth, together with the furniture therein) give her an income of two thousand five hundred pounds (£2,500) per annum". That provision is followed by a clause authorising the trustees to provide for the payment of the annuity by setting apart and appropriating in respect of such annuity such part or parts of the residuary estate a9 the trustees should in their opinion think sufficient to 'pay such annuity. The will further directs that the capital of the anmity fund may be resorted to at any time 1f the income of that fund is insufficient te pay the annuity. There is a gift of the residue of the estate te various beneficiaries.

at the time ef his death the widow of the testator owned certain investments which, in the year following the testater's death, brought in am income of £2,341- 'The widow has disposed ef or re-invested a certain number cf those investments, and in. the period from August 1946 to June 1947 her income from her property was only £236. She claims that, on the true construction of the clause, she is entitled to be paid from tne estate the difference in any year between her actual income/and the amount of £2,500.