COOPER & ANOR V. EXECUTOR TRUSTEE & AGENCY COMPANY OF SOUTH AUSTRALIA LIMITED & ANOR 8/1949

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IN THE HIGH COURT OF AUSTRALIA.

Judgment delivered at... G

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COOPER & ANOR.

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;CUTOR TRUSTEE & AGENCY COMPANY OF SOU! AUSTRALIA LIMITED & ANOR,

ORDER.

Appeal dismissed with costs.

COOPER & ANOR. Ve

CUTOR TRUSTEE & AGENCY COMP. OF SOUTH AUS' TA LIMITED & ANOR.

SONS FOR. GMENT. a LATHAM CeJo

This is an appeal from a judgment of His Honour Mr. Justice Reed in an action in which the plaintiffs were Christopher Booth Cooper and Joseph Henry Cooper who are the legal personal representatives of Louisa Cooper deceased, and the defendants were the Executor Trustee and Agency Company of South Australia Limited and Thomas Edward Cooper, who represented the late Thomas Cooper, The claim is a claim for the administration of the trusts of the will of the late Thomas Cooper (who died in 1898) for an order for accounts and enquiries, and payment of the amount found due.

The case for the plaintiffs depends upon, in the first

instance, the true construction of the will of Thomas Cooper. The case depends upon there being a trust of the estate the terms of which require the executors, who were the four sons of Thomas Cooper, to hold the estate until certain obligations imposed upon the executors and trustees under the will had been performed and discharged.

Mr. Pickering has ably presented an argument designed to show that there was a trust of the whole estate of the testat- or; that the estate was to be held by the four sons in trust to make periodical payments to the widow and some other relatives, Mrs, Hill and Mrs. Derrington, and to transfer certain relatively small items of personal property to other beneficiaries, It has been contended that it was the duty of the trustees to hold the

estate as trustees until these duties were fully performed. There was a power in the will which, it is contended, constituted a/