High Court of Australia
ap
20 HIGH COURT (1958,
[HIGH COURT OF AUSTRALIA.]
OLIVER bo) atin re ops ee oats ane PLAINTIFF, AND OLIVER a. aH. & ren 2 ee DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
H.C.or A. Will—Construction—Gift "upon trust... for...N. but... W.... shall
1958. have... right to purchase such property from N... . at £6 per acre —) if he s0 desires "Whether option void for repugnancy to gift—Option—Erercise MaLBouRNE, — _Whether absolute election to purchase—Whether exercise within six monthe May 21, 22; after death of testator reasonable. DERI, A will contained the following provision " and to hold the rest and residue KO of my estate Upon Trust as to my house property comprising 544 acres situate Dixon C.J., on the Yea-Whittlesea Road for my son Walter Charles Oliver and as to my Mepierman and = airy Creek property for my son Norman but my gon Walter Charles shall
have the right to purchase such Dairy Creek property from my son Norman at £6 per acre if he so desires and as to the rest and residue of my property for my son Walter Charles Oliver absolutely."
Held, that the option in favour of Walter Charles Oliver was not void for repugnancy to the gift to Norman Oliver.
Six months after the death of the testator Walter Charles Oliver purported to exercise the option by a formal notice signed by him and addressed to Norman Oliver which after setting forth the relevant terms of the will pro- ceeded " Now I Walter Charles Oliver do hereby express my desire and inten- tion to purchase such property from you at the upset price of £6 per acre such
price to be paid to you as soon as the necessary financial arrangements can | be made ".
Held that the notice was an absolute election to purchase the property and 4 it was given within a reasonable time after the death of the testator.
| Decision of the Supreme Court of Victoria (Lowe J.), reversed.
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