17 Mar 1936 - IN EQUITY.

Su	Mo	Tu	We	Th	Fr	Sa
1	2	3	4	5	6	7
8	9	10	11	12	13	14
15	16	17	18	19	20	21
22	23	24	25	26	27	28
29	30	31

Image size: 7168x8192 Scale: 35% - PanoJS3

Fix this text

Why are there text errors?

Original
Corrected

Line Above	{LINE ABOVE}
Current Line	{CURRENT LINE} Remove Insert line below Insert line above Duplicate this line Move line up Move line down
Line below	{LINE BELOW}

Tue 17 Mar 1936 - The Sydney Morning Herald (NSW : 1842 - 1954)
Page 5 - IN EQUITY.

IN EQUITY.

(Before Mr. Justice Nicholas ) I

CONSTRUCTION OF WILL.

Estate of late Mr. C. C. Skarratt. |

Line 2.0.0This was an originating summons taken
Line 2.0.1Fix this textout by the trustees of the will of the late
Line 2.0.2Mr. Charles Carleton Skarratt, formerly of
Line 2.0.3Bellevue Hill, for determination of certain
Line 2.0.4questions of construction.

Line 2.1.0By his will the testator gave his residuary
Line 2.1.1estate to his trustees on trust for lils children
Line 2.1.2in equal shares. There followed a direction
Line 2.1.3that the shares were not to vest absolutely in
Line 2.1.4the children, hut, in the case of sons, the
Line 2.1.5shares were to be for the benefit of the son
Line 2.1.6for life, with power to him to appoint the
Line 2.1.7share amongst his children or remoter issue
Line 2.1.8(such remoter Issue to be bom and take a
Line 2.1.9vested interest within 21 years of the death
Line 2.1.10of the son), and in default to the children of
Line 2.1.11the child equally. In the event of the son
Line 2.1.12dying without issue testator gave a general
Line 2.1.13power of appointment over one moiety of the
Line 2.1.14son's original share, and the trustees were
Line 2.1.15directed to hold the remaining moiety and
Line 2.1.16also any further share which should accrue
Line 2.1.17to such share, by virtue of any clause of ac
Line 2.1.18cruer in the will, as accrual and addition to
Line 2.1.19the share or shares of the testator's other
Line 2.1.20children or grandchildren, in the testator's
Line 2.1.21residuary estate. Similar trusts were de-
Line 2.1.22clared in respect of the shares given to tes-
Line 2.1.23tator's daughters, except thal no general
Line 2.1.24power of appointment was conferred on any
Line 2.1.25daughter in respect of the moiety of original

share.

Line 2.3.0The testator left eight children him sur-
Line 2.3.1viving. He died in November, 1933. His
Line 2.3.2eldest .son, the Rev. Thomas Carleton Skar-
Line 2.3.3ratt, of Kemslng, Kent, England, died in
Line 2.3.4England during September, 1908, v/ithout.
Line 2.3.5issue, and by his will executed the general
Line 2.3.6power of appointment conferred by the will
Line 2.3.7of his father, in favour of his brothers and
Line 2.3.8sisters and their children. Subsequently two
Line 2.3.9of the testator's daughters (Mrs. McQuade
Line 2.3.10and Mrs. Keigwln) died, leaving Issue, and in
Line 2.3.11October, 1934, another daughter (Mrs. Theo-
Line 2.3.12bald) died without leaving issue her surviv-
Line 2.3.13ing. In 1901 Mrs. McQuade had exercised by
Line 2.3.14deed the special power of appointment given
Line 2.3.15to her by the will of her father, whereby she
Line 2.3.16purported to appoint her original share and
Line 2.3.17the share that accrued to her under the will
Line 2.3.18of her brother (the Rev. Thomas Carleton
Line 2.3.19Skarratt) in favour of her children and their
Line 2.3.20issue. The gitt lo Issue contained no re-
Line 2.3.21striction as to vesting within 21 years of Mrs.
Line 2.3.22McQuadc's death, but the deed poll contained
Line 2.3.23a clause forfeiting the interest of any of Mrs.
Line 2.3.24McQuade's children in the event of their
Line 2.3.25charging or alienating or attempting to
Line 2.3.26charge or alienate the life interest given them.
Line 2.3.27The evidence showed that Frederick Carle-
Line 2.3.28ton McQuade had during his mother's life-
Line 2.3.29time charged his interest, but the mortgage
Line 2.3.30had been discharged prior to his Interest be-
Line 2.3.31coming vested in possession. This aliena-
Line 2.3.32tion had been held by the High Court lo

create a forfeiture.

Line 2.5.0The principal questions now brought before
Line 2.5.1the Court related to the destination of the
Line 2.5.2share of Mrs. Theobald in her father's estate.
Line 2.5.3After argument the Court held that the es-
Line 2.5.4tate of the testator's deceased son (the Rev.
Line 2.5.5T. C. Skarratt) was entitled to a one-seventh
Line 2.5.6portion« of Mrs. Theobald's share, although he
Line 2.5.7had predeceased her.

Line 2.6.0The Court also held that the general power
Line 2.6.1of appointment given to the Rev. T. C. Skar-
Line 2.6.2ratt did not extend, beyond a moiety of his
Line 2.6.3original share, so that the one-seventh share
Line 2.6.4of Mrs. Theobald's estate passed in effect as
Line 2.6.5unappointed to the persons entitled in default
Line 2.6.6of appointment under the head will, and In
Line 2.6.7the events which had happened the children
Line 2.6.8of Mrs. McQuade become entitled absolutely
Line 2.6.9to the portion which she would have taken
Line 2.6.10had she been alive at the death of Mrs. Theo-
Line 2.6.11bald.

Argument on other questions was interrup-

ted by the adjournment.

Line 2.8.0Mr. R. K. Manning (instructed by Messrs.
Line 2.8.1Mcculloch and Buggy) appeared for the
Line 2.8.2plaintiff trustees; Mr. F. W. Kitto (instruc-
Line 2.8.3ted by Messrs. Minter, Simpson and Co.) for
Line 2.8.4the trustees of the will of the Rev. T. C.
Line 2.8.5Skarratt; Mr. David Wilson (instructed by
Line 2.8.6Mr. F. E. McElhone) for Minnie Thelma Long
Line 2.8.7Innes, Mary Morgan, and Lady Emily Hol
Line 2.8.8derness, grandchildren of the testator and
Line 2.8.9daughters of Mrs. McQuade; Mr. J. R. Hooton
Line 2.8.10(instructed by Messrs. Marsland and Co.) for
Line 2.8.11Frederick Carleton McQuade; Mi-. E. F.
Line 2.8.12McDonald (instructed by Messrs. Mcculloch
Line 2.8.13and Buggy) for Charles Sydney Skarratt: and
Line 2.8.14Mr. A. J. De Baun (instructed by Messrs.
Line 2.8.15Marsland and Co.) for Sorothy McQuade, an
Line 2.8.16Infant.

Toggle Layout

Browse by(4)

Titles A-Z(25)

Titles S(140)

The Sydney Morning Herald (NSW : 1842 - 1954)(113)

1936

The Sydney Morning H... : 17 March 1936(42)

Women's Supplement

Page 5(24)

Article text

Word position

Line position

Paragraphs

Zones

Tables

Illustrations

Metadata

Details

Download

Tags, Lists & Comments Help

Buy

Download

Share

Print

Display settings Help

Tags (0) Help

Lists (0) Help

Appears in these lists:

Comments (0) Help

Article Categories Help

Original Category

Additional Categories (0)