Gale v Gale [1914] HCA 53

HIGH COURT [1914.

(HIGH COURT OF AUSTRALIA.}

WILLIAM THOMAS GALE AND ANOTHER = APPELLANTS;

PLAINTIFFS,

AND

FREDERICK CHRISTOPHER GALE AND

ANOTHER . i 3 , ; 7 RESPONDENTS.

DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H. ©. or A. Will—Construction—Gift to sons followed by gift over in event of sons dying

1914, ey MeLpourse,

Sept. 24, 25, 29.

Grifith C.J., Tsaacs, Gavan Dufty, Powers and Rich JJ.

unmarried, &c.—Gift subject to being divested.

By his will a testator gave his estate to his executor upon trust to pay his funeral expenses and two legacies. The will then continued: 'I bequeath and devise all the residue of my estate both real and personal to my three sons," naming them, all to share alike. The testator then directed that a specified part of his estate should not be sold for seven years, and that the executor should have power to carry on the whole or any part of his estate as he might deem advisable, and should be entitled to commission at a certain rate for collecting rents, dividends, interest or any other revenue, and that the balance of income be paid to the sons in equal parts quarterly. 'The will then proceeded : ''I give power to my executor to advance a sum of money to any of my sons to buy good land for his use such advance to be debited to his share in my estate. I direct that if any of my sons die unmarried his share in my estate will go to the survivors. Should any of my sons die and leave a widow and issue of his own his share in my estate will go to his widow and children. Should any of my sons die and leave a widow and no issue of his own she will be entitled to one half of her deceased husband's share in my estate. I direct that if all my sons die unmarried leaving no widow nor children and if any of my estate not appropriated that will go to my brother HL G.'s sons and daughters."