Linderstam v Barnett [1915] HCA 5

H.C. or A. 1915. —_~ Hozarr, Feb. 16, 17, 18.

Isaacs J.

HIGH COURT (1915.

{HIGH COURT OF AUSTRALIA.)

LINDERSTAM . i : : : . PLAINTIFF ;

axp BARNETT AND OTHERS . . |. . Derenpants.

Deed—Revocation—Settlement by woman—Absence of independent advice—Improvi- dent deed—Settlement for benefit of self and. children.

The absence of independent advice will not vitiate a deed of settlement executed by a woman if the obtaining of independent advice would not have made any difference in the result.

By deed a widow irrevocably settled certain property upon herself for life and after her death upon her children absolutely, and she covenanted to keep the buildings, &c., upon the land in good repair.

Held, that the circumstances connected with the execution of the deed were such that she was not entitled to have it cancelled.

ACTION.

An action was brought in the High Court by Elsie Linder- stam (formerly Elsie Johnston), a resident of Western Australia, against Nathaniel Benjamin Barnett and William Alfred Cane, the trustees of a certain deed of settlement made by the plaintiff, and Mary Gwendolen Johnston, Cyril Dalgleish Johnston and Bruce Carlysle Johnston, who were children of the plaintiff and beneficiaries under the deed of settlement, all of whom were residents of Tasmania, the plaintiff claiming to have the deed cancelled and the money held by the trustees under the deed paid to her.

By the deed in question, which was executed on 26th Septem- ber 1907, it was declared by the trustees, to whom certain land

19 C.L.B.] OF AUSTRALIA. 529

and premises in Hobart had been transferred by direction of the H.C. or A. 'plaintiff, that they held it upon trust for the plaintiff for life 191°. and after her death upon trust to sell and divide the proceeds Lixperstam among her children. The trustees were given power during the Yo, life of the plaintiff at her request to sell the land and premises and to invest the proceeds in trust funds or the purchase of land approved of by the plaintiff. The plaintiff also covenanted to keep the buildings and orchard and fences on the land and premises, or upon any lands subsequently purchased, in good repair, order, cultivation and condition, to pay all rates and taxes, and to keep the buildings insured against fire.