Smith v West Australian Trustee Executor and Agency Co Ltd [1950] HCA 32

'Cons Refd to pects ose Coshort v PCA

RSP Hemel & Ce 1996) 40 (2 oc Home Mid NSWL it ass

320 HIGH COURT (1950.

(HIGH COURT OF AUSTRALIA.]

SMITH : '5 5 5 4 : 5 APPELLANT ; Derenpant,

AND

THE WEST AUSTRALIAN TRUSTEE EXECUTOR & AGENCY COMPANY} Responpents. LIMITED AND ANOTHER i Puaintirr AND DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. or A, Will—Construction—Charities—Gift of residwe—Gift to " such charitable institutions, bodies and organisations as my trustees may select "—Uncertainty. nae By his will the testator directed his trustees to " pay and distribute the re balance of my estate between such charitable institutions bodies and organisa-

seccleuae tions in the Perth-Fremantle Area as my Trustees may select in such propor- Latham C.J., tions and in such manner and at such times as my Trustees shall think fit."

* Pullagar and Kitto JJ. Held that the words used constituted a good charitable bequest and that

the trustees being limited in their selective choice to charitable institutions, able bodies and charitable organisations, the gift did not fail for uncer-

chari

tainty.

Decision of the Supreme Court of Western Australia (Dwyer C.J.) affirmed.

AppraL from the Supreme Court of Western Australia.

Charles MacCallum Smith who died at Perth on 21st August 1939 by clause 13 (c) of his will directed his trustees to stand possessed of the residue of his estate " Upon Trust to pay and distribute the balance of my estate between such charitable insti- tutions bodies and organisations in the Perth-Fremantle Area as my Trustees may select in such proportions and in such manner and at such times as my Trustees shall think fit " and by clause 20

81 C.L.R.] OF AUSTRALIA.

declared the term " Perth-Fremantle Area" to mean the area H. ©.

within a radius of twenty miles from the Perth Town Hall.