Van Kerkvoorde v Moroney [1917] HCA 47

H.C. or A. Will—Construction—Uncertainty—Gift to executive committee of wnincorpoi

1917. — SypNey,

Sept. 3, 7.

Barton, Isaacs and Rich JJ.

VAN KERKVOORDE AND ANOTHER _ + APPELL

HIGH COURT

{HIGH COURT OF AUSTRALIA.]

PLamntirF AND DEFENDANT,

AND

MORONEY ; ; i F _. Responpe

DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

association to be used in the interests of that association.

A testator by his will gave his real estate to his wife for life charged with yearly payment of ten per centum of the net rents and profits to " the secretary for the time being in Sydney of the Socialist Labour Party of Australia. . to be held by such secretary in trust for the said Socialist Labour Party Australia" ; and after the death of his wife to his daughter for life subjec to a charge of twenty per centum of the net rents and profits in favour of the same beneficiary, to be held by him on the same trust; and after the dei of his wife and daughter he gave his real estate to the general secretary fot the time being of the same Party upon trust to sell and "pay the moneys arising from the said sale to the executive committee for the time being | Sydney of the said Party for such purposes and objects as the said executiv may think fit in the interests of the said Party"; with a gift over in the Party known at the date of the will as the Socialist Labour Party of Au 'alia should amalgamate with any other party, body or society having obj: substantially: different from those formulated in the rules of the Sociali

objects to objects substantially different. The Socialist Labour Party of Australia was an unincorporated association having upwards of one hundre members and a constitution setting forth the objects of the Party providing for a general secretary and an executive council which sho manage the affairs of the Party subject only to the control of an annual ¢ ference or a meeting of the financial members.