ROTTON V. CLIVE & OTHERS

0.12980/15

HL I Day, Gor, Print, seb.

. IN THE. HIGH COURT OF AR... 2ALTA |

_SLIVE & OTHERS

REASONS FOR JUDGMENT :

Judgment delivered at___ Sydney = on_Thursday 20th December, 1951. __

wh 2 .

IN_THE MATTER OF THE TRUSTS OF THE WILL AND CODICIL OF GILBERT HENRY ROTTON LATE OF MOSMAN IN THE STATE OF NEW

SOUTH WALES, GRAZIER DECEASED =

ANNIE MAY ROTTON V._ PERPETUAL TRUSTEE CO. (LTD. ) & ORS.

SHEILA D'ARCY ROTTON V. PERPETUAL TRUSTEE CO. (LTD, )& ORS.

ORDER

Appeal of Annie May Rotton dismissed. Appeal of Sheila D'arcy Rotton allowed. Declarations in decretal order under appeal set aside. In lieu thereof declare that upon the true construction of the will and codicil of Gilbert Henry Rotton deceased and in the events which have happened the share in the net capital of the testator's estate corresponding to the share of incane which Isobel Lilian Scholes was entitled originally upon her death became divisible in equal shares between Sheila D'Arcy Rotton, Norman Blackdown Clive, Leila Ellie Rotton and Kathleen Clarice L Mershall, and that the shares of Sheila Darcy Rotton and " Norman Blackdown Clive vested in them absolutely and the shares of Isobel Lilien 'Scholes. ana Leila Ellie Rotton vested in them subject to the same trusts and limitations as their original shares. Also declare that upon the death of Leila Ellie Rotton the share in the net capital of the testator's estate corres- ponding to the share of income to which she was entitled originally and also the share which accrued to her upon the death of Isobel Lilien Scholes became divisible in equal shares between Sheila D'Arcy Rotton, Norman Blackdown Clive and Kathleen Clarice Marshall, and that the shares of Sheila D'arcy Rotton

and Norman Blackdown Clive vested in them absolutely and the share of Kathleen Clarice Marshall vested in her subject to the same trusts and limitations as her original share. Order that