Supreme Court Victoria – Will – Construction – Legacy, lapse of – Death of beneficiary ‘before he shall have become entitled,’ meaning of.
A testator devised his real estate to trustees upon trust for his brother J until his youngest surviving brother or sister should attain the age of twenty-one years, and thereafter for the use and benefit of J. absolutely, charged, however, with the payment of oertain legacies to oertain named brothers and sisters. The testator then directed that’ in the event of any of my said brothers or sisters dying before he she or they shall have become entitled under this my will the share or shares of such my said brothers and sisters so dying shall be divided equally amongst those of my brothers and sisters them surviving with the exception of his brother J.
Held: that the word’ entitled’ meant ‘entitled in possession,’ and that therefore a legacy to one of the sisters who had survived the testator, but had died before his youngest brother attained twenty-one, was not payable to that sister’s executor.
Judges:
Hodges J
Citations:
[1912] VLR 310
Links:
Jurisdiction:
Australia
Cited by:
Cited – Horton v Henry CA 7-Oct-2016
No obligation on bankrupt to draw on pension fund
The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 12 April 2022; Ref: scu.570711