RENNIE & OTHERS V. PERPETUAL TRUSTEE COMPANY (LIMITED) & OTHERS; SKARRAT V. PERPETUAL TRUSTEE COMPANY (LIMITED) & OTHERS 59/1948

0.12980/45,

HE Dew, Gor. Print, Melb

IN THE HIGH COURT OF AUSSRALIA

RENNIE & OTHER COMPANY (LIBT

SKARRATYT v.

REASONS FOR JUDGMENT

Judgment deligered at___ SYDNEY - April, 1949

A a (NO. 59 of 1948)

MARY ELLEN RENNIE & ORS. Ve PERPETUAL TRUSTEE COMPANY (LIMITED) & ORS.

AND (NO. 60 of 1948)

JOHN CHARLES SYDNEY SKARRATT V. PERPETUAL TRUSTEE COMPANY (LIMITED) AND

VIOLET BRIDGE & ORS.

Appeal Noe 59 of 1948, appeal and cross appeal sllowed. Decretal order under appeal varied by deleting declarations 1 to 4 inclusive,

7 to 9 inclusive and 13, and inserting in lieu thereof the following declarations: (1) Declare that according to the true construction of the will and codicils of the abovenamed testator Charles Carleton Skarratt, the abovementioned deed poll and the will and codicils of the abovenamed testatrix Emily Carleton MdQuade and in the events that have happened the plaintiff Perpetual Trustee Company (Limited) as trustee of the will and codicil of the said testator does not hold one equal fourth part of the original one-eighth share of the said testatrix in the funds described in the will of the said testator as his "residuary trust funds" upon trust for the defendant Minnie Thelma Long Innes absolutely because such one equal fourth part may to some extent become held upon trust for persons other than the said Minnie Thelma Long Innes during the remainder of her life in the event of her incurring a forfeiture under the terms of the said deed poll and her having no issue alive at any time during this period. (2) Purther declare that the plaintiff as such trustee does not hold one equal fourth part of such originel one-eighth share upon trust for the defendant Mary Ellen Rennie absolutely because such last mentioned equal one-fourth part may to

some extent become held upon trust for persons other than the said