Image TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage Tile
Image size: 6144x7680 Scale: 35% - PanoJS3
Page overview thumbnail

Article text

WILL POINTS DECIDED.
s / Testator 'g Nine' Daughters. i ;
; Questions, arising .out of .the const tucfj
tion/of the . will of ' Frederick William
Lambert,' late of Warragul, who died ton
27th October, 1025, -have heeu .(decided
in a reserved judgment by Mr. . Justice
Wcigall in the Practice Court.. The. ques
tions were argued at considerable length
on two occasions.
Testator had been married on threo
occasions, and his family consisted of
nine girls. At his death he left real
estate valued at £7510 and personal pro
perty 'valued at '£-103. He directed' that
after payment of his funeral ; and
testamentary expeuses all his personal
estate riiouid go to his widotv and chil
dren, each of tlio latter to receive £10f
on attaining 1C years. The balance of hil
csitue ' ana uciongings _ ne gave ro mi
widow, Mrs. Ruby Malvinn Lambert, wits
directions to place a tombstone over - hi
grave and to care for Una Lambert, tile
only child of his second marriage. Hist
widow was also to provide a home for all
lite children who wished to live with lior.
On an originating summons the National
Trustees, Executors ahd Agency Co., tlie
trustee of the will ttsked— (1) whether
the real estate was covered by the will;
(2) who was to take the real estate; and
(3) whether the widow was under art
obligation to provide for Una Lambert and
to find a home for any of thc: children. '
Mr. Gregory (instructed by— Messrs.
Hcddcrwick, Fookos ahd Alston) appeared,
for the trustee company; Mr. A. H.
Davis (bv Messrs. Madden, Drake arid
Candy "for Mr. M.- Davine., of Warragul).
for the widow)', and Mr. Burgess (by, Mr.
Vincent Nolan) .-for- the 'children.
On behalf of the . children it was argued
that the will only disposed of the personal
estate, and that tile words, "balance" arid
"lielongings" in the will . referred to per- '
sonnl estate. It was. contended that the
real estate was not dealt with at rill, arid,
'that (n respect of it there was an in
testacy. in which case one-third of the
property would go . to the widow and the
other two-thirds to the children. :
His Honor said in liis opinion the first
part of the will should read as. if testatdr
<rm>A wtna lotrnninu nf > nltf. ' nf Lid ' DAT-
sonal estate only, and that -the words
"balance of the estate" and "belongings"
covered the real estate, - and the balance;
if. any, of the personal estate, after, paying
the nine legacies of £100 each. Tn reality
there was no balance of personal estate.
The result was that the real estate went
to the' widow.' The words "Uha Lainbert
to be looked after." and the provision for
a home for .the family, his Honor; held,
were too vaguo and indefinite to. create a
trust', and that therefore the widow took
the real estate, absolutely. His, Honor
also held that on the -language- of -the-
will, the trustees wore justified' in ' paying
over the legacies when - 'the children,
reached 16 . years of age, and . they could
take' a" receipt from.,cach' child.
The real estate cpqsists of the property
known as the,, Orient Hotel; Warragul;
which is let on lease -until March, 1929.
$