High Court of Australia
- 264 1926
SAGER Vv GOWARD 6 OTHERS. — .
SJUDGVENT. ; KNOX Od. i}
This is an appeal from an order of the Chief Judge in Equity where
by it was declared that upon the true construction of the will and codi-
oil of Tdmund Mason and in the events which have happened the directions in the said will for the building of tenements for certain poor persons constituted a good charitable gift, and certain consequential declaratts
lions were made and directions given.
The will contained bequests of annuities and legacies to the wife and children of the testator and other persons and proceeded as follows
'viz:- "In time as the ennuitaass become deceased and the funds of the
estate acounulate then my executors are to commence paying all' my chil-
Del\wcred V.140¢
2.
"dren's children inoluding those of wy late eon Edmund the anount the estate will afford up to £26 per annum each but nédver to exceed said F sum - When some of my grandchildren pass away and funds accumulate and are sufficient then my executors are to com.ence building in cr.near Parramatta suitable small tenements for free occupation of poor persons such persons to be of gocd character and who have heen local reeidents and who from sickness and infirmity or old age are in bad circumstances
and ig somecases of necessity other swall aid may be afforded AND as
funds IONAin gen Bonshe-ByidiertCiewebehiapes. further accumulate
more of these houses are to be built I direct that all persons who are interested may be furnished with a quarterly statewent of income expend- iture and when Alms Houses are built an annual statement shall be pub- lished in the local newspapers Should any of my children depart this lifa leavimg husband or wife such husband or wife is to receive annually
one-third the amount my still living children are receiving."
It 18 upon this rertion of the will that the question for decision
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