Attorney-General (NSW) v Perpetual Trustee Co (LTD)
63 CLR 209Attorney-General (NSW)
v Perpetual Trustee Co (LTD)
Judges:
Latham CJ
Rich J
Starke J
Dixon J and Evatt J
McTiernan J
Subject References:
Charities
Practicability of specified property
General charitable intention
Doctrine of cy-pres
Judgment date: 28 June 1940
Sydney
Appeal allowed. Decree varied by omitting therefrom declarations: (1) that testatrix has not expressed a general charitable intention in the devise of the property Milly Milly; and (2) that the said property passes as upon an intestacy of the testatrix; and by substituting therefor declarations: (1) that in making the said devise the testatrix expressed a general charitable intention to benefit orphan lads being Australians by training them in farming pursuits; and (2) that the trusts declared in respect of the said property should be executed cy-pr? Order that it be referred to the Master in Equity to settle a scheme for the regulation and management of the said charitable trust. Cause remitted to Supreme Court. Costs of appeal of all parties out of estate of testatrix those of trustee as between solicitor and client, but only one set of costs to be allowed between Winsome Elizabeth Wilson and Leslie Maclean Wilson.
On appeal from the Supreme Court of New South Wales.