Thomson v Deputy Federal Commissioner of Land Tax for Tasmania [1915] HCA 4

19 C.L.R.] : OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.) THOMSON AND OTHERS 3 ' . APPELLANTS; AND

THE DEPUTY FEDERAL COMMISSIONER) | OF LAND TAX FOR TASMANIA . _.J RESPONDENT.

Land Tax—Joint owners—Beneficial interest under will of testator who died before H.C. or A.

1st Jwly 1910—Conveyance of leyal estate by trustees to beneficiaries—Land Tax Assessment Act 1910-1911 (No. 22 of 1910—No. 12 of 1911), sec. 38 (7).

1915. ad

Hosart,

Under the will of a testator who died before Ist July 1910 land was February 16.

devised to trustees on trust for such of his sons as should attain twenty-five years or their issue, with power in the trustees to apportion it among those

Griffith O.J., Isaacs and

who attained that age in such manner as the trustees in their uncontrolled dis- Gavan Duffy JJ.

cretion should think fair aud reasonable. All the sons having attained that age, the trustees conveyed the land to them as tenants in common in fee.

Held, that the beneficial interest in the land was no longer shared among the sons under the will, and, therefore, that they were not entitled to the benefit of sec, 38 (7) of the Land Tax Assessment Act 1910-1911.

CASE STATED.

On an appeal by Archibald Thomson, John Denham Thomson, James Robertson Thomson, Norman William Thomson, Henry Mangles Denham Thomson, Kenneth Russell Thomson and Ber- tram Lothian Thomson from an assessment under the Land Tax Assessment Act 1910-1911 by the Deputy Federal Commissioner of Land Tax for Tasmania, Griffith C.J. stated the following case -—

"1, John Thomson, who died on 30th August 1899, by his will bearing date 4th September 1865 devised all his real estate com- prising an estate called 'Cormiston' in the State of Tasmania to

H. C. or A. 1915. Yw

THomson v. Depury FEDERAL Commis- SIONER OF Lanp Tax (Tas.).

HIGH COURT (1915.

trustees upon trust, after providing for certain legacies and an- nuities, all of which have since been paid or released, to stand seised of his residuary real estate upon trust for his son or sons who should be living at his decease and should attain the age of twenty-five years or die under the age of twenty years leaving issue. The testator directed his trustees as and when each of his sons should attain the age of twenty-five years to offer the said real estate to him at a valuation, and in case none of them should accept such offer he empowered his said trustees to apportion his said real estate amongst the persons entitled thereto in such manner as they should in their uncontrolled discretion think fair and reasonable.