High Court of Australia
27 C.L.R.] OF AUSTRALIA. 31
of prohibition must be discharged. The declaration of forfeiture H.C. oF A. therefore stands. te aw
Licensia
Appeal allowed. Order nisi for prohibition Covrr (S.A.) discharged. Declaration of forfeiture to Cums. stand.
Solicitor for the appellant, F. W. Richards, Crown Solicitor for South Australia.
B. L. [HIGH COURT OF AUSTRALIA.} CAMPBELL AND ANOTHER . 2 : . APPELLANTS ; Derrenpants, AND GLASGOW AND OTHERS - >... Responpgnts,
PLantiFFs AND DerFEenpants,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Will—Construction—Gift to A for life and after his death to his issue—Words of H. ©. or A, distribution—No words of limitation—Life estate or estate in tail—Rule in 1919. Shelley's Case—Effect of Wills Act—Wills Act 1890 (Vict.) (No. 1159), secs. ~~ 26, 27 (Wills Act 1915 (Vict.) (No. 2749), secs. 26, 27)—Real Property Act MELBOURNE,
1915 (Vict.) (No. 2719), sec. 62. Oct" 21-24; Nov, 5. Sec. 26 of the Wills Act 1890 (Vict.) (sec. 26 of the Wills Act 1915) provides Knox GJ. that "Where any real estate shall be devised to any person without any Issa)" Gavan Duty
words of limitation, such devise shall be construed to pass the fee simple or se tien J, other the whole estate or interest which the testator had power to dispose of - by will in such real estate, unless a contrary intention shall appear by the
will."
H.C. or A.
1919. Yw
CAMPBELL v. Giascow.
HIGH COURT 5 (1919,
By his will made in 1900 the testator devised his real estate to trustees upon trust as to certain specified Jand for his daughter for life and upon her death upon trust for "'her lawful issue and if more than one as tenants in
common," with a gift over in the event of there being " no lawful issue."
Held, that sec. 26 of the Wills Act operated so as to pass the fee simple to the issue of the daughter; that therefore the rule in Shelley's Case, 1 Rep., 93b, did not apply, and consequently that the daughter took only a life estate, and on her death without issue the gift over took effect. .
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