High Court of Australia
REPORTS OF CASES
DETERMINED IY THE
HIGH COURT OF AUSTRALIA
1917-1918.
(HIGH COURT OF AUSTRALIA.]
HUNT AND OTHERS : F 4 : . APPELLANTS ; Drrenpants, AND KORN AND OTHERS = ' . RESPONDENTS.
DEFENDANTS AND PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Real Property—Grant of equitable estate—No words of limitation—Estate in fee or H. C. or A.
for life—Interpretation of deed—Intention of grantor.
Where by deed an equitable estate in land was granted without words of limitation, Held, that an estate in fee was granted, there being in the deed a sufficient
indication of the intention of the grantor to pass, not an estate for life, but an estate in fee.
In re Tringham's Trusts; Tringham v. Greenhill, (1904) 2 Ch., 487, and In re Nutt's Settlement; McLaughlin v. McLaughlin, (1915) 2 Ch., 431, followed.
Decision of the Supreme Court of New South Wales (Harvey J.) : Thompson vy. Hunt, 17 8.R. (N.S.W.), 543, reversed. Vou. Xx1Vv. 1
1917. YY Sypyey, Nov. 29; Dec. 4.
Barton, Isaacs and Rich Ju.
H.C. or A. 1917. Lw Hunt Korn.
HIGH COURT v= Z
Appear from the Supreme Court of New South Wales.
On 8th August 1874 an indenture was executed by John Korn, ; of the first part, his wife Susan Korn, of the second part, and Martin — Tuohy and Frederick Eberlin, therein called " the trustees," of the third part, the material portion of which was as follows :—
"Whereas the said John Korn being seised of the lands and hereditaments hereinafter described is desirous of making such 3 provision for his wife Susan Korn and their issue as is hereinafter contained Now this indenture witnesseth that for effectuating his j said desire and in consideration of the natural love and affection — of the said John Korn for his said wife and their issue and for other 4 good considerations him hereunto moving and in consideration of the sum of ten shillings sterling now paid by the said trustees to the said John Korn (the receipt whereof is hereby acknowledged) he the said John Korn doth hereby grant bargain sell alien and release unto the said trustees and their heirs all those several pieces j or parcels of land" (describing them) "and all the estate right title interest benefit property claim and demand at law and in equity of him the said John Korn therein and thereto to have and to hold the said lands hereditaments and premises hereby released or
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