Backhouse v Lloyd [1933] HCA 49

OF AUSTRALIA. 559

re satisfied, I agree, as the learned trial Judge found, that it was H. ©. or A. established that the appellant on the faith of the representation beer! d upon to prove the estoppel failed to take action against Clegg, Bt

such inaction on her part was to her detriment. Panta

Decree appealed from varied by striking out the order that the defendant do within fourteen days after service on her of the decree pay to the plaintiff the sums of £600 with interest. Otherwise decree affirmed and appeal dis- missed. Appellant to pay respondent's costs.

Solicitors for the appellant, H. Hamilton Moore & Co. Solicitors for the respondent, Piggott, Stinson, Macgregor & Palmer.

5 fad 9 {HIGH COURT OF AUSTRALIA.] ACKHOUSE AND ANOTHER F . . APPELLANTS ; Dzrenpants, AND YD AND ANOTHER . . .. .__ . RESPONDENTS. . FF AND DEFENDANT, ON APPEAL FROM THE SUPREME COURT OF EH GosAa SOUTH AUSTRALIA. 1933, +

cl i enumeration of particular things in a residuary gift.

6. 'The testatrix made the following provisions with regard to the residue of =~ ___

estate :—7, I direct my trustees to set aside the sum of £10,000 upon coe to pay the income thereof to my husband . . . during his life and McTiernan

560 HIGH COURT

H.C. or A. set aside as hereinbefore provided the annual payment of £500 representin 1933. the same upon the trusts hereinafter declared by clause nine of my will at altered by this codicil . . . 8. Subject as hereinafter provided I d

Backnousk ny trastees out of the residue of the trust fund to set aside a sum of £8,0 ree upon trust to pay the income theréof to " G " during her life. And I — direct that until . . . it shall be convenient . said sum of £8,000 . . . my trustees shall out of the residue of the incom

the residue of the trust fund and the income thereof shall be held by m trustees upon trust to pay the income thereof to my two sisters . . . equal shares during their lives." The husband of the testatrix died in 1