DOWIE V. THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF TASMANIA LIMITED & ORS.

IN THE HIGH COURT OF AUSTRALIA.

THE PSRPETUAL TRUSTEES EXECUTORS. AND AGEN TASMANIA LIMITED

REASONS FOR JUDGMENT.

' Judgment delivered at. MELBOURNE. | on... Wednesday, 23rd Octobder,..1 946

DOWIE

ve

THE PERPFIUAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF TASMANTA LIME & ORS.

ORDER.

Appeal allowed. Order of the Supreme Court varied by deleting the answer to Question 1 of the originating summons and in lieu thereof answering Question 1(a) in the affirmative and also answering Question 3 in the affirmative. Costs of all parties of this appeal as between solicitor and client out of the estate.

DOWIE

Ve

THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF TASMANIA LIMITED & ORS.

REASONS FOR JUDGMENT. LA CT e

DOWIE

ve THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF TASMANIA MITED & ORS. REASONS FOR JUDGMENT. uy C.F.

By a third codicil to his will Denis Normoyle, who died on 28th March 1922, gave, subject to a certain condition, a one- tenth interest in the net income of his estate to, among other persons, his niece Mrs. Julia Dowie. By a subsequent codicil this interest was altered to one-eleventh of the net income. Mrs.

Dowie died on 2ist October 1943. Under the provisions of the will Mrs. Dowie was not entitled to have any share of the income paid to her unless she became a widow, an event which did not happen. If she had not been a married woman a sum of £4,131:533 would have been paid to her during her life. Her son Francis Thomas Dowie, the appellant, claims that he was entitled to be paid this sum during the life of his mother, and that it should now be paid to him. It was held by Mr. Justice Clark in the Supreme Court of Tasmania that upon the true construction of the will the result

was that this sum should be retained by the trustee and accumulated until the period of distribution specified in the will. F.T. Dowie now appeals to this court.