High Court of Australia
THE UNTON TRUSTEE CO. OF AUSTGALIA LTD AND ANOTIGR
Appeal dismissed.
Costs of the trustees as between solicitor and client to be paid out of the estate.
Respondents other than the trustees to have one set of costs as between party and party out of the estate. 'Taxing Master to certify how the same should be allocated among such respondents.
Appellants to abide their own costs of the appeal.
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UNION TRUSTEE CO
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THE UNION TRUSTEE CO. OF AUST! A_ LTD YD ANOTHER
The appellants are the legal personal representatives of an assign of Hamilton McCabe Merewether, THe assignment comprised the beneficial interests which Hamilton McCabe Merewéther took in the estates of his late father and of his
late uncle under their respective wills.
His father,Henry Alfred Mitchell Merewether, bequeathed
to him one fourth of his residuary estate, His uncle,Hugh
Hamilton Mitchell Merewether,bequeathed to him two-nineteenth
[ mT CUS ERICK SECON NRE ae
parts of his residuary estate. His father end his uncle were sons of Biveard Christopher Merewether,who died in 1893 leaving a will made sixteen years before his death. Under the provisions of that will disposing of residue the testator distinguished between his general residue and a large area of coal bearing land which he called his Burwood estate.
The question at issue in this appeal is whether under the dispositions of the Burwood estate the testator's two sons already mentioned,Henry Alfred Mitchell Merewether and Hugh Hamilton Mitchell Merewether,took indefeasibly
vested interests. YW
Both of them attained full age and survived the testator,but both predeceased his widow,their mother,who died in 1922, The testator was in fact survived by nine children,the youngest of whom attained the age of twenty- one in 1898,before either of the above mentioned sons died. The will devised the Burwood estate to trustees. Under the trusts the widow was entitled to the income therefrom during her life. The trustees were directed to stand possessed of the Burwoad estate until the youngest surviving child of the testator's widow should attain the age of twenty-one years and immediately upon that event
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