Wood v James [1954] HCA 77

HIGH COURT (1954

(HIGH COURT OF AUSTRALIA.]

WOOD és i i i : i . APPELLANT ; DEFENDANT, AND JAMES AND OTHERS . é 5 é . RESPONDENTS.

PLAINTIFES,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. of A. Assurance—Life policy—Bffected by husband on his life—For benefit of wife of

1954. eae Perr, Oct. 19, 20;

SypNey, Dec. 15.

and Kitto JJ.

assured should amount of assurance become payable during her lifetime—Gift over in event of wife predeceasing assured to such of children of assured as should survive him—Death of wife and subsequent re-marriage of assured—Assured dying leaving second wife and children of first marriage—Rights of second wife— Married Women's Property Act 1892 (W.A.), 8. 11.

'The husband effected a policy of assurance on his life under the provisions of the Married Women's Property Act 1892 (W.A.). The policy was expressed to be " for the absolute benefit of the wife of the assured should the amount of assurance become payable during her lifetime failing which for the absolute benefit of such of the children of the assured as shall survive the assured ". 'The wife died and the husband married again. The husband died leaving surviving him his second wife and three children of his first marriage. 'There were no children of the second marriage.

Held, by Dixon C.J. and Kitto J. (McTiernan J. dissenting), that the bene- ficiary described in the policy as the " wife of the assured " was the assured's wife at the date of the policy. The policy moneys accordingly went to the children,

Decision of the Supreme Court of Western Australia (Dwyer C.J.) affirmed.

Aprray from the Supreme Court of Western Australia.

Arthur Hilton Wood died on 2nd June 1953. Probate of his will was granted to Mary Josephine Wood the executrix named in the will on 29th July 1953. The deceased was married twice. His first wife Irene Wood died on 4th March 1941. He subsequently