High Court of Australia
13 CLRJ OF AUSTRALIA. 461
be empowered to ascertain the real unimproved value of the H.C. oF A.
tenement to be assessed. pecs
For these reasons I have come to the conclusion that the legis- oxox
- rd « ws racra ») in its ordi . Peaks Jature has used the word "land" in paragraph (c) in its ordinary MizoerCo.
meaning, namely, the meaning which is capable of including v _ . Wotton- minerals as well as surface where minerals and surface are part pry Same
of the same tenement, and, as in this case, in the hands of the Cousot. same owner. I agree, therefore, with the learned Judges of the Barrierr Supreme Court that the assessment under consideration was made ort ox.
on the right principle and think the appeal should be dismissed. pty Smee
CounciL. Appeal allowed. Solicitor, for appellants, A. W. E. Weaver. Solicitors, for respondents, Pigott & Stinson. C. E. w. (HIGH COURT OF AUSTRALTA.]} COCK AND ANOTHER . F 4 a . APPELLANTS ; AND AITKEN AND OTHERS . a f ' . RESPONDENTS. ON APPEAL FROM THE SUPREME COURT OF HC a VICTORIA. eb 1911, = Will—Tenant for life and remaindermen— Capital and income— Payment of >
annuities—Apportionment— Rate of interest—Appeal from High Court to Privy pag 19 Council —Order of High Court discharged on point not appealed from — pee eet Re-affirmance of previous decision of High Court—Construction of will—Direc- tion to make payments out of residuary trust moneys and to pay residue of Griffith O.J.,
income to C.—Ambiguity in will—Jnterpretation by codicil. Poctaies
HIGH COURT f9n.
J.M.S., who died in 1898, by his will left his property to his trustees upon trusts for conversion, with power of postponement, and as to £800 a year to apply this sum, or such part as the trustees should think fit, for the mainten- ance and support or otherwise for the benefit of his daughter A.S., the unpaid portion to fall into residue, and as to £500 a year to pay the same to his daughter F.C. during her life, and as to all the residue and ultimate surplus S. and his daughter L.S. in equal shares absolutely. ., who died in 1903, her trustees were given a dis-
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate