PROPERTY OF LATE SIR JOSIAH SYMON
Gifts To Daughters Upheld
Gifts made to the late Sir Josiah Symon's daughters, Elizabeth Margaret Symon, Lesley Kilmeny Symon, Elea- nor Dorothy Symon, Floy Angel Nan Symon, and Mary Arden Clark were upheld by Mr. Justice Napier in a re- served judgment delivered in the Supreme Court yesterday.
He was asked by Elder's Trustee and Executor Company Ltd., of Adelaide, whether dispositions of property by certain deeds executed at various times were valid exercises of the powers of revocation and new disposition con- ferred on Sir Josiah under a settlement made by him in 1891. It was also asked whether, under these deeds, the daugh- ters were entitled to share in the pro- perty in question, or whether the sons and daughters were entitled to it, and if not, who was entitled. Mr. J. F. Astley appeared for the company; Mr. J. S. Murray appeared for the sons, Charles James Ballarat Symon, Oliver Jose Lewers Symon, and Carrill Hector Nicholson Symon; Mr. G. S. Reed, with Mr. J. McLachlan, appeared for the son, Oscar Sturt Symon; and Mr. E. W. Benham, for the daughters. "Shortly stated," said His Honor, "the questions are whether the appoint- ments subsequent to that contained in the third deed poll of November 20, 1916, were effective dispositions of the trust funds, or, in other words, whether the sons have been valldly excluded from participation; so that the fund is now held in trust for the daughters as tenants in common pursuant to the de- claration in the final deed of Septem- ber 24, 1930. It seems to me that throughout the vacillations indicated by these deeds, the settlor always in- tended to retain, and retained, the power to dispose of what was formerly his property. It follows that the final disposition by the deed of September 24, 1930, must be upheld."