Harris v Jenkins [1922] HCA 54

31 C.L.R.] OF AUSTRALIA. 341

stated, a resident of the State of New South Wales. Consequently H- ae A.

the question stated in the case, should, in my opinion, be answered

in the affirmative. AUSTRAL- ASIAN

3 'TEMPERANCE Question answered No. Costs to be costs in the Toe ; : Genrrat ees Morvan Lire ASSURANCE Socrery B. L. Lr. a How:

Solicitors for the plaintiff, Darvall & Horsfall.

Bapunds v ficken iG 407 {HIGH COURT OF AUSTRALIA.] HARRIS 4 ' 4 ss f : . APPELLANT ; PLaIntirr, AND JENKINS . e . é 5 3 . Respondent. Derenpanv, ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA. H. C. or A. Trustee and Cestui que Trust—Undue influence—Discharge of claim of beneficiary 1992, under will in favour of trustee—Validity—Consideration—Family arrangement. a is ' ADELAIDE, By his will made in 1882 a testator, who died in 1890, gave his real and 1) 95 og personal estate to his wife and his only son, whom he appointed his executors, """"" 99" upon trust to continue his business with the same discretion and control as. |=§ ——

the testator himself had. He directed that after the death or marriage of his SYDNEY, wife his son should hold the trust estate with the like powers and for the same Dee. 15.

purpose, and that out of the estate the trustees or trustee should pay to each Gy. of the testator's four daughters, when they should respectively attain the age Higsins Gu of twenty-one years or marry under that age, the sum of £200. He directed

that, in the event of the death of his son subsequently to the death of the

testator's wife, his estate should be realized and the proceeds divided equally

H.C. or A.

1922;

Harris

JENKINS.

HIGH COURT

among his children, with gifts over in certain events, and that, in the event of his son dying before his mother (the testator's wife), she should have a lif interest in the trust estate. The testator's estate was valued for probate at the date of his death, there being a bani overdraft of about £2,000. The son being unwilling to undertake the trust