High Court of Australia
H.C. or A. 1908. —
MeLnournx,
June 45,9.
Barton, Isaacs and Higgins JJ.
COCK
AITKEN ayp OTHERS
HIGH COURT
(HIGH COURT OF AUSTRALIA.]
DEFENDANT,
AND
PLAINTIFFS AND DEFENDANTS.
ON APPEAL FROM THE SUPREME COURT OF VICTORIA,
Will—Interpretation~Corpus and income—Annuity, gift of —Residue.
By his will a testator gave his property to trustees upon trust (inter alia), as to £800 a year during the life of his daughter A. S. upon trust from time to time to apply the same or such part as they should think fit for the personal maintenance and support or otherwise for the personal benefit of A. S., or to pay the same or such part as they should think fit to her or to any other person to be so applied, or, at the option of the trustees, to pay the whole or such part to his executors to be applied as part of the residue of his estate. 'The testator gave the residue of his estate equally between his son J. M. V. S. and his daughter L. S. The trustees, during the life of L. S. and after her death, applied only portion of the annuity of £800 for the benefit of A. S.
Held, that one-half of any portion of the annuity which in any year after the death of L. S. was not applied for the benefit of A. S. came to the estate of L. S. as portion of the corpus of the estate of the testator and was part of the corpus of the estate of L. S,
Decision of the Supreme Court affirmed,
AppEAL from the Supreme Court of Victoria,
This was an appeal by Charles Matthew Germain Cock from the judgment of Hodges J. on an originating summons wherein William Aitken and John Noall were plaintiffs, and Charles
APPELLANT ;
RESPONDENTS;
6 C.LR.] OF AUSTRALIA.
Matthew Germain Cock (the appellant), Emily Cock, on behalf H- C. oF A-
of herself and of all children who might be born to Charles Matthew Germain Cock, John Matthew Vincent Smith, and the National Mutual Life Association of Australasia Ltd., were defendants.
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