CALCRAFT AND ANOTHER V. CALCRAFT

ORIGINAL. *

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Tudgment delivered at.

on__._FRIDAY, 23rd AUGUST 1963

'A. Brooks, Government Printer, Melbourne 6.7639/00

CALCRAFT AND ANOTHER ve

CALCRAFT

ORDER

ll. Appeal allowed, 2. Order that orders numbered one, two and three of the decretal order made by the judge at first instance

on the 15th day of March 1963 be set aside and in

lieu thereof order

(a) that in addition to the right of the applicant %o occupy and use Flat No. 2, 72 New Beach Road, Darling Point, as provided in the will of the testator, the executors of the testator's will, upon the applicant's notifying them in writing that she desires to surrender her use and occupancy of the said flat and upon her vacating the same, pay to her during her widowhood the sum of Six pounds (£6) per week in lieu of the sum of Six pounds (£6) per week made payable to her under the will and codicil in the event of her ceasing to make the said flat her permanent place of residence;

(>) that in addition to the sum of Twelve pounds (£12) per week provided for her by the will of the testator during her lifetime, the executors pay to her during her widowhood the sum of Eight pounds (£8) per week, commencing from the 15th day of March 1963;

(c) that the additional sum of Eight pounds (£8) per week aforesaid be charged upon the income and

corpus of property of the testator situated at

Numbaa and his property situated at Miranda provided that the executors shall be at liberty to sell either or both of such properties, in which case the net proceeds of sale of the said Numbaa property shall be retained by them subject to such charge as to both income and capital, and, out of the proceeds of sale of the Miranda property, the sum of Five thousand pounds (£5000) shall be retained by them and be subject to such charge as to both income and capital.