High Court of Australia
HIGH COURT ° OF
COUnt cory.
TURNBULL V_ ELLIOTT.
MR__JUSTIC= ISAACS.
UR JUSTICE-GAVAN-IUFFY.
MR JUSTICN STARKE.
Turnbull _v__ Siliott.
Judgment. eee igaace J. Ga. -inffy id.
Starke J.
By ante nuptial settlement ,dated October 15,1900,Walter Eeith Milkott, about to be married to the appellant/then Charlotte Campbell Langtree, settled an annuity of £250 per annum, (which was subject to cesser er . ~
abatement) and a legacy of £8,000, The settlement defined the "Tust Fund" as "the annnity and legacy intended to be hereby settled "and all. moneys which may be obtained by way of a composition for the "said annuity and the interest thereon and the investments and securi- "-ties for the time being representing the said premises respectively"
The trusts were primarily(1) Until the marriage the whole trust fund for the settlor (2) Upon the marriage then (omitting immaterial provisions) "to pay the anhuity and the interest dividends and annual "income of the trust fund" to the appellant for life for hbe sole
and separate use without »ower of anticipation (3) After the apel-
~lants death - if there were issue of the marriage:~ (a) If the mixx
settlor survived her ané had not incurred a forfeiture then to pay "the dividends interest and income to him for life and afterwards ft) The whole"Trust fund and Income thereof"in trust for such issue born within 21 years of the death of the survivor as might be appointed by deed or will (c) In default of appointment the whole @&
Trust Fund for the children by the marriage who being sons attained
a
21 or being daughters attained that age or married (a) Power to apply income of expectant shares of children towards maintenance and education. j Down to that point the deed had provided for the destination of the whole of the income during the life of the appellant, and also during the life of the settlor if there were issue of the marriage, and either appointment or attainment by ckildren of 21 or Gf daughters) marriage mannbed. But there was no provision for the destination
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