High Court of Australia
PERPETUAL TRUSTEE COMPANY (LIMITED)
HIGH COURT [1953.
(HIGH COURT OF AUSTRALIA].
DAWSON. ; : : i ; ' . APPELLANT ;
DEFENDANT, AND
AND OTHERS ee a |} Resrosos
PLAINTIFF AND DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A. Administration—Deceased estate—Real and personal property—Situate in Australia,
1953. Qe SypNry, Nov. 25, 26; Dec. 3.
Dixon C.J., Kitto and Taylor JJ.
New Zealand and other countries.
Personal representatives—A ustralia— Appointment of three sons and trustee company as '* Colonial Trustees"'—New Zealand—A ppointment of three sons as "* Hxecutor''—Great Britain—A ppoint- ment of three sons as "English Executor" re personal estate—New Zealand estate—Trustee company—Right to act as trustee—Getting in of testator's New Zealand estate—Inquiry therefor by New South Wales Court—Propriety.
A testator, who died in 1932, left personal property in Australia and England and some real and personal property in New Zealand and in the Principality of Monaco. By his will he appointed (a) his three sons, P., 8. and N., and a tr (sic) to administer his real and personal estate in Australia; (b) P., S. and N., without the trustee company to be his '' executor", but without particular designation, to administer his real and personal estate in New Zealand ; and (c) P., S. and N., calling them his " English Trustees', to be his " English Executor " to administer all his personal estate in Great Britain. A personal representative was not appointed for the Principality of Monaco to deal with
calling them his '* Colonial Trustees '', to be his " executor "
tee compan)
the property situated there. All property other than that in Australia and New Zealand was devised and bequeathed to the testator's English trustees and the property in Australia and New Zealand to his " Colonial Trustees in Australia and New Zealand". In a suit brought by the company in 1940, and to which P. and S. and later others were defendants, the Court ordered, inter alia, that it be referred to the Master in Equity to conduct certain "as to whether the
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