Worladge v Doddridge [1957] HCA 45

High Court of Australia Williams, Fullagar, and Kitto JJ. Worladge v Doddridge [1957] HCA 45

ORDER Appeal allowed. Order of the Supreme Court discharged except as to costs. In lieu thereof order that Sydney George Doddridge and Alexander Inglewood Worladge as executors of the will of Donald Gordon Doddridge deceased pay to Minnie May Doddridge from the date of his death during her widowhood an annuity of £520 by equal quarterly payments in lieu of the annuity of £104 bequeathed to her by the said will the annuity of £520 to be subject to the power of appropriation contained in the will, and also pay to her the sum of £1,000 out of his residuary estate. The costs of all parties of this appeal as between solicitor and client to be paid out of his estate.

Cur. adv. vult.

The following written judgments were delivered:—

July 2 Williams and Fullagar JJ.

This is an appeal by Brian Worladge and Raymond Paul, the residuary beneficiaries under the will of the testator Donald Gordon Doddridge deceased, from an order of the Supreme Court of Tasmania made on 16th April 1956 in favour of his widow the respondent Minnie May Doddridge under the provisions of the Testator's Family Maintenance Act 1912 Tas.. The testator died on 13th March 1955 without issue. By his will made on 19th August 1948, the testator after bequeathing to the applicant widow an annuity of £104 during her widowhood and a pecuniary legacy of £300 to Mrs. Wallace Pedder which lapsed, bequeathed and devised his residuary personal and real estate to the appellants, upon their respectively attaining the age of twenty-one years in equal shares. Mr. Wright conceded that both appellants are young men in good health, well able to earn their own living and not in need of maintenance or support. The net value of the estate, after payment of death duties, testamentary and funeral expenses, debts and all other liabilities is about £25,800 and it is expected by the respondent executors that this sum when invested will produce an income of about £1,500.