Clerk v Equity Trustees Executors and Agency Co Ltd [1913] HCA 8

OF AUSTRALIA. 625

(HIGH COURT OF AUSTRALIA.]

' fe ' : " e 5 ' APPELLANT 3 _ DEFENDANT,

AND

EQUITY TRUSTEES EXECUTORS AND AGENCY CO. LTD. anp OTHERS PLAINTIFFS AND DEFENDANTS,

} RESPONDENTS.

ON APPFAL FROM THE SUPREME COURT OF

VICTORIA. Will—Interpretation—Ambiguity —Omission of redundant words H.C. or A. 1913. A testator by his will, which was written by another person, in makinga = G—

gift over to his six brothers and one sister, directed that his property should MrczourNe, _ be divided into eight shares, and that each of tive of his brothers should Feb. 24, 25. mi receive one share, but as to the distribution of the other three shares between | ——— |

_ his sixth brother and his sister left it doubtful which of the two should "Barton, "

terre cholsiare! aid wich two shares. Govan Dutly 33,

_ Held, on an inspection of the original will and a consideration of its other provisions, that the intention of the testator was to give his sister two shares and his brother one share.

Decision of the Supreme Court of Victoria (Hodges J.) reversed.

devised and bequeathed all his property to trustees for his hter Elizabeth Brunton for life with remainder to her

626 HIGH COURT (1913.

H.C. or A. children. The will then proceeded :—" And in case there shall 1913. be no child or issue of my said Daughter who under the trusts

<7

Cuerx hereinbefore Contained shall become entitled to the said trust

Boviry moneys and securities then and in such case my said Trustees or Trustees Trustee shall stand possessed thereof In Trust and pay the same EXEcuTORS

to my Brother and sister now living, and residing in the City of Edinburgh to divide the same into eight equal Parts or Shares and in manner following, that is to say, to my Brother James Brunton One Share One Share to my Brother John Brunton One Share to my Brother George Brunton One Share to my Sister Elizabeth Farquaher Two Shares to my Brother Adam Brunton one Share to my Brother Andrew Brunton one Share and to my Brother Ephraim Brunton One Share."