Reid v Earle [1914] HCA 48

18 C.L.R.] OF AUSTRALIA.

e

(HIGH COURT OF AUSTRALIA.)

BTN 8s Oey i oA ppertaler;

DEFENDANT,

AND

a EARLE AND OTHERS . F i j . RESPONDENTS.

PLAINTIFF AND DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Will—Gift to class—Remoteness— Rule against perpetuities—Period of distribution. H.C. or A.

By his will a testator gave the residue of his property to his trustees with directions for conversion and to invest during the life of his widow and upon her death or second marriage, '* hereinafter termed the time of distribution," to convert all investments into money and after payment of the expenses of conversion to divide the residue of the moneys into three equal parts, to which he afterwards referred as "' such three original parts." He directed one of the three original parts to be further divided into six equal shares, two of which he directed to be invested and '' the resulting income accumulated for the children of" R. "and his present wife who shall attain the age of 25 years the share of each child to be paid to him or her upon his or her attaining that age and should no child of " R. " attain that age I. direct that such two shares be equally divided among" certain institutions, By a later clause the testator authorized any of the beneficiaries under his will " who may not at the time of distribution be entitled to receive his or her share by reason of his or her being under the age of 25 years" to dispose of it by will before attaining that age. At the date of the will R. and his then wife had seven children, three of whom had attained the age of 25 years before the testator's death, and the others of whom attained that age before the death of the testator's widow, which occurred twelve years after the death of the testator. Mrs. R. was 57 years of age at the testator's death. R. was an executor of the will and had been a partner of the testator.