Queensland Trustees Limited v Fowles [1910] HCA 51

12 C.L.R.] OF AUSTRALIA. ill

money being paid in, and there is no doubt that, when the catas- H- ©. or A. trophe came at the end and he was obliged to go, she went with HOH

= him to the bank, got the money out on her requisition as she was Brack bound to do, and the circular notes were paid for out of that. 8. eh

When the husband is afterwards charged with the ownership of man & Co. those notes, he says they are his own money. The wife is asked afterwards about this claim of her husband's to the circular notes and she says nothing. Considering that these circular notes were bought out of money which purported to be her money, paid for by her and afterwards claimed by her, and that she was asked in reference to this claim, surely she was under a duty to say something. She says nothing, and that is evidence thatis entitled to be considered. In all the circumstances, I am of opinion that there was a prima fucie case, that she was a volunteer, and that this money retains its character as trust money and she cannot be allowed to keep it.

O'Connor J.

Solicitors, for the appellants, Henning & Brockman. Solicitors, for the respondents, M. L. Moss & Dwyer.

rE Wie BV. J.

is Pol a v Pools Pt Federal Comr FCT 5, ates Tixaton" AEC SS)

(HIGH COURT OF AUSTRALIA.)

QUEENSLAND TRUSTEES LIMITED . . APPELLANTS; PLAINTIFFS,

AND

FOWLES . c fi 3 : 4 - . RESPONDENT,

Nomiat DEFENDANT, H.C. or A.

ON APPEAL FROM THE SUPREME COURT OF oe

jE QUEENSLAND. BRISBANE,

Succession duty Realization—Value of estate impossible of fair ascertainment— S¢Pt, pad Agreement— Power of Commissioners to compound — General power of the in

Executive Government—Succeasion and Probate Duties Act 1892 (Qu.) (56 Vict, Grifith C.J.,

No. 13), secs. 20, 37, 39, 47. oonnor 33.

H.C. oF A.

1910. ——

QUEENS- LAND 'TRUSTEES Lap.

v Fowtes.

HIGH COURT

James Tyson died intestate, and the plaintiffs were appointed administr: The deceased's estate consisted largely of station properties and it was fo impossible to value it satisfactorily in accordance with the provisions of th Succession and Probate Duties Act 1892. An interim assessment was then made op certain valuations which had proved unsatisfactory to the plaintiffs, and duty was paid on that basis, it being agreed in letters passing between the Chief Commissioner of Stamps and the plaintiffs that a final adjustmen' should be madeafter the whole estate of the intestate in Queensland had been realized, and that in the event of the real and personal property realizing mo than the value disclosed in the previous accounts, additional duty should paid in respect of such increase, and that in the event of the estate realizi less than such estimated value, a proportionate part of the sum paid in