White v Barron [1980] HCA 14

High Court of Australia Barwick C.J. Stephen, Mason, Aickin and Wilson JJ. White v Barron [1980] HCA 14

ORDER Appeal allowed with costs. Cross-appeal dismissed with costs. Order of the Court of Appeal made on 23rd July 1979 varied by substituting for Order 2 of that Order a paragraph reading as follows:

2. In lieu of the provisions made by the Will of the deceased for the Plaintiff Muriel Frances White there be provided out of the estate of the deceased for the said Plaintiff benefits payable under clause 6 of the Will as though subclauses (a) and (b) of the said clause were as follows:

(a)

(i) If my wife the said MURIEL FRANCES WHITE shall survive me to set aside and invest in the names of my trustees in any investments authorised by law for the investment of trust funds or in debentures or debenture stock of any public company in the Commonwealth of Australia $80,000.00 (hereinafter called "my Trust Fund") to pay to my said wife in the year after my death five thousand two hundred dollars ($5,200.00) per annum and I further direct that thereafter during her life such sum be varied on each anniversary of my death so that it becomes a sum which bears the same relation to the said sum of five thousand two hundred dollars as the consumer price index for the weighted average of six State capital cities for all groups or such index as has been substituted for it issued by the Commonwealth Statistician current at the date of each anniversary bears to the said index at my death and that each such annual sum be paid to her weekly and I further direct that the said annuity as varied by paid firstly out of the income of my Trust Fund, secondly out of my accumulation of the Income of the said Fund and thirdly out of the capital of the said Fund.

(ii) Upon the death of my said wife to divide between my son the said Richard Todd White and my daughter the said Judith Martin the balance of my Trust Fund in equal shares.