High Court of Australia
ay
REPORTS OF CASES
DETERMINED IN THE
HIGH COURT OF AUSTRALIA
1934.
[HIGH COURT OF AUSTRALIA.]
THE ROMAN CATHOLIC ARCHBISHOP OF ; i ; MREBOURNE. 'eryicane <> ton HisaF snort Barat DrreNnpDaNt, AND LAWLOR AND OTHERS . = anaes . RESPONDENTS.
DEFENDANTS AND PLAINTIFF,
HIS HOLINESS THE POPE . F 5 . APPELLANT ;
DEFENDANT, AND
THE NATIONAL TRUSTEES, EXECUTORS | AND AGENCY COMPANY OF AUSTRAL- | Responpents. ASIA LIMITED AND OTHERS | PLAINTIFF AND DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA. H.C. or A.
Charity—Gift to establish a Catholic daily newspaper—Gift of intermediate income 1934. for Catholic education—Validity—Dependent relative gift—Property Law Act peau 1928 (Vict.) (No. 3754), sec. 131. Mztrourye,
Assets—Order of application—Payment of probate and estate duty, debts and legacies —Alteration of statutory order of application of assets—Contrary provision— May 23. Whether expressed—Federal estate duty included in direction to pay probate duly Ga Administration and Probate Act 1928 (Vict.) (No. 3632), secs. 33, 34, 163, 4, Second Schedule, Part II.—Estate Duty Assessment Act 1914-1928 (No, 22 of Dixon, 1914—No. 47 of 1928), sec. 35.
al MeTiernan JJ.
H.C. or A.
1934. ed
Roman CATHOLIC ARCHBISHOP or MELBOURNE v Lawtor. Tue Porg v% NavionaL TRUSTEES, Execurors AND AGENCY Co. or AUSTRAL- asia Lrp.
HIGH COURT (1934.
The testator bequeathed to the Roman Catholic Archbishop of Melbourne and others specific personal property "as a nucleus, to establish a Catholic daily newspaper," and provided that the income from that benefaction should be used "for Catholic education, or any good object the Hierarchy may decide, until sufficient funds are in hand, to found the daily paper." After various other gifts, he bequeathed half the residue of the estate to the Hierarchy of the Roman Catholic Church "in addition to the bequest, already made, to establish a Catholic daily paper." The Supreme Court of Victoria held that the specific gift for the establishment of the newspaper involved or tended to a perpetuity, and could not be supported as a gift for a charitable purpose ; that the specific gift being invalid, the gift of the intermediate income therefrom also failed ; and that the gift of half the residue was intended for the estab- lishment of a Catholic daily paper, and was for the same reasons invalid.
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