High Court of Australia
A.C. or A. 1906.
Savack
Usiox Bank oF AUSTRALIA Lap. Wuitrraw t Ustoy Bank or AUSTRALIA Lro.
H.C. or A, Pnfants—Salvage—Mortgage of vineyard for re-stocking and repairing)
1906.
— Sypyey, May 8, 14.
Griffith C.J., Barton and O'Connor J.
COUSINS AND OTHERS. 5 B cg
HIGH COURT
of Cordelia Whitelaw, costs of a terlocutory proceedings.
Solicitors for appellants, H. M. Lee; W. H. Ford, Melbo urn Solicitors for respondents, Blake & Riggall, Melbourne. —
{HIGH COURT OF AUSTRALIA.)
PLAINTIFFS, AND
COUSINS AND OTHERS . 5 : . RESPONDE
DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
of settlor. oe
The renovation of a vineyard of established reputation, given by a to his descendants with the intention that it should be enjoyed by such, is salvage such as will justify the Court of Equity in authorizing upon the inheritance for that purpose. i
By his will a testator devised an estate comprising such a v "<together with the buildings and working plant thereon and connected with and used in the storing and manufacturing of
profits for his life, and after his death in trust for his children in equal as tenants in common, During the tenancy for life the vineyard, careless management, deteriorated to such an extent that, unless m expended upon it for the renovation of the vines, it would shortly of any value as a vineyard.
OF AUSTRALIA.
"for life, that the Court of Equity should sanction a mortgage of the land for 'the purpose of raising money to restore the estate to a condition in which it be efficiently worked as a vineyard for the production of wine.
Judgment of the Chief Judge in Equity: Cousins v. Cousins, (1906) 6 S.R. (N.S.W.), 301, varied, and cause remitted to Supreme Court.
pPEAL from a decision of A. H. Simpson C.J. in Equity of the upreme Court of New South Wales.
"This was a friendly suit instituted on behalf of certain infant s que trustent against the trustees of a will and the adult is que trustent to obtain the sanction of the Court of Equity the raising of a sum of money by mortgage of the trust estate, to be expended on the estate for its preservation.
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