High Court of Australia
HIGH COURT
we
H. C. or A. Jocal authorities for the purpose of enforcing or securing the provis
1927. of such an Act. —~
Kocaran But I think that the order should be affirmed, and the appe Counc.
= dismissed. ROCKDALE Counert. . ap Powers J. concurred in the judgment of Isaacs J. Appeal dismissed with costs. Solicitors for the appellants, Salwey & Primrose. Solicitors for the respondent, Morgan & Morgan. BL. ' [HIGH COURT OF AUSTRALIA] McQUADE Sap
DEFENDANT,
MORGAN AND OTHERS PLAINTIFFS AND DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Deed of Appointment—Construction—Gift of income after appointor's d 1987. over on appointee charging his interest—Charge given and released before = death—Determination of interest—Forfeiture.
SYDNEY, g The di i i 1 ae e donee of a power of appointment appointed, by a deed-poll,
'May '8. trustees should after her death hold the property appointed upon = her four children for their maintenance during their minority and after
1s ine Giauins, respectively attaining twenty-one to pay them the whole of the and Rich JJ. equal shares, It was then declared that "in case any of the said . shall become bankrupt or do or suffer any act or thing whe
39 C.L.R.] OF AUSTRALIA.
said income or his or her interest therein or any part thereof shall be charged H.C. or A.
or encumbered or become vested in or payable to any other person or persons the said trustees . . . shall during the remainder of the life of such child whose interest shall have so determined apply the share or shares of income to which such child would have been entitled as the same shall from time to time be received for or towards the maintenance of the said child or the maintenance of his or her issue," &e. After the deed of appointment was executed the appellant, one of the children, charged his interest as collateral seeurity for the payment of money advanced to him on mortgage and, before the death of the appointor, the mortgagee released by deed the mortgagor and all his interest,
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