High Court of Australia
292 HIGH COURT a
[HIGH COURT OF AUSTRALIA.)
GELLION AND ANOTHER Drrenpants,
AND
ELDER'S TRUSTEE AND EXECUTOR COMPANY LIMITED AND OTHERS , | R#sPonpe Prartirrs AND DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Will—Construction—Gift to children and grandchildren—Child dying in Uifetime
parent—Ambiguity—Canon of construction, H.C. or A. 1919. By his will a testator gave a certain part of his estate to trustees u trust for his daughter for life and after her death for such of her children a Metgourne, she should by deed or will appoint, and in default of such appointme May 13, 14; "In trust for all the children of my said daughter living at the time of June 18. death who being a son or sons shall attain the age of twenty-one years ieee being a daughter or daughters shall attain that age or marry in equal sh
Geran Dity and if there shall be only one such child then in trust for that one child Bi ' if there shall not be any child of my said daughter who being a son shall af the age of twenty-one years or being a daughter shall attain that age or b
married then " a gift over.
Held, by Isaacs and Rich JJ. (Gavan Duffy J. dissenting), that the gift 6 would not take effect if there should at any time be a child of the daught who being a son attained the age of twenty-one years or being a daught attained that age or married, and whether that child should or should not survive the testator's daughter. :
Howgrave v. Cartier, 3 782, followed and applied.
. & B., 79, and Williams v. Haythorne, LR. 6 Ch.
Decision of the Supreme Court of South Australia affirmed.
Appeat from the Supreme Court of South Australia. An originating summons was taken out by Elder's Trustee a Executor Co. Ltd. and Alexander James Murray, trustees of the
'ee OF AUSTRALIA.
e advice and direction of the Supreme Court as to certain matters — connected with the administration of the testator's estate. By his 'will the 'testator gave his real and personal estate to his trustees on certain trusts, the only one which is material being that as to - three: fifths of his estate, which he directed to be held upon trust for s daughter Frances Alice Gregory for'life. The will then pro-
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