Armenian General Benevolent Union v Union Trustee Co of Australia Ltd [1952] HCA 47

87 C.L.R.] OF AUSTRALIA. 597

[HIGH COURT OF AUSTRALIA.]

UNION ' ' : z DEFENDANT,

THE ARMENIAN GENERAL ee APPELLANT ;

AND

THE UNION TRUSTEE COMPANY OF AUSTRALIA LIMITED AND OTHERS PrLaintirr AND DEFENDANTS,

} RESPONDEN

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Charities—Gift " for the benefit of the orphans whose fathers fought with the Russian H. C. oF A.

Army against Germany and Japan" in World War I1—Construction—Validity. 1952. SH

MeLnourne, A testator after providing by his will, dated 28th June 1946, for the payment Jyne6, 10, 11.

of certain annuities, directed that the whole of the net income from his estate macrd SypNzy,

Aug. 21.

Will—Construction—Intent to vest beneficial: interest in trustee.

be paid at least yearly to the Armenian General Benevolent Union, a body incorporated in Switzerland and having its permanent administrative 'seat in New York, U ''use the balance if any of the s

This body was directed to pay the annuities and to Dixon C.J., ' : . Me'Tiernan, id income for the benefit of the orphans "Williams,

whose fathers fought with the Russian Army against Germany and Japan Webb aud in the World War which ended last year". If the Union so desired it was

authorized to call for the transfer to it of the ass

of the estate, and directions were given as to the mode of investment of such assets and for the setting up

of a fund called the " Permanent Trust Fund" which fund the Union was

to stand possessed of upon the trusts declared by the will.

Held, that there was a valid charitable trust for the children of fathers of the Armenian race who died on active service with the Russian army in the world war against Germany and Japan which ended in 1945, if the' children were under twenty-one years of age at the date of the testator's death and in need of assistance or protection and, per Williams, Webb and Kitto JJ., such children would remain orphans so long as they continued in need of assistance, whether they had attained the age of twenty-one years or not.