Allen v Crane [1953] HCA 69

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152 HIGH COURT (1953.

(HIGH COURT OF AUSTRALIA.)

ALLEN AND OTHERS . s ¥ a APPELLANTS } DEFENDANTS, AND

CRANE AND OTHERS . : x : . RESPONDENTS. PLAINTIFFS AND DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H. GC. or A. Will—Construction—*' Male issue''—Prima-facie legal import—Intention of

1953. testator—' Issue male ''—' Issue"'.

Ga A testator directed his trustees to hold the residue of his estate upon trust SYDNEY, for his son during his life, and after his death to hold "' the same . . . upon 2M 2B trust for his' (the son's) "* male issue living to attain the age of twenty-one

MeELBourRNe, years and if more than one in equal shares". The testator provided for a 'Ocilos gift over on default.

Dixon C.J., Held, that the words '"' male issue"? meant males tracing their descent

Kitto and

Taylor JJ. through males.

Decision of the Supreme Court of New South Wales (McLelland J.) : Crane v. Allen (1952) 69 W.N. (N.S.W.) 381, reversed.

ApprAL from the Supreme Court of New South Wales.

Daniel Allen (hereinafter called "the testator') died on 25th January 1925, having made his last will on 10th April 1923, and a codicil thereto dated 16th February 1924. He had been married twice, there being six children of the first marriage and nine of the second. Eleven of the children were daughters, five of whom survived the testator's son, Patrick James Allen. Patrick James Allen died on 19th March 1952, having married once, and leaving surviving him his widow and one daughter, Valerie Patricia Allen. Valerie Patricia Allen married Hugh John Carrigan, and, at the time of the hearing, had one child, John Hugh Carrigan, born on 10th February 1950.

By his will, the testator, after making provisions not relevant to this report, directed his trustees "to hold all the rest and residue