The South Australian Law Reports (Volume 24); Report of Cases Determined in the Supreme Court of Australia

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...possession reversion remainder or expectancy unto my dear wife Mary Daniel save and except the legacies above mentioned to my dear wife Mary Daniel and to my sons William Henry Ernest George and Herbert James to be held in trust during her lifetime. At my wife's death or remarriage I desire that my estate be sold and the proceeds equally divided betwixt my wife Mary Daniel should she remarry and my sons William Henry Ernest George and Herbert James and my daughters Charlotte Fowler (now Mrs. William L. Sluggett) Ellen Taylor Beatrice Mary Alice Robina Florence Evelyn and Amy Maud or their heirs or successors or administrators to and for their own use and benefit absolutely. Gill and Page, for the plaintiffs, cited Cock v. Cock (28 L.T. N.S. 627), Humphreys v. Humphreys (L.R. 4 Eq. Ca. 475), Ralph v. Garrick (L.R. 11 Ch. Div. 873). Nesbit, for defendant, cited Cockayne v. Harrison (L.R. 13 Eq. Ca. 432), Phillips v. Heal (32 Beav. 25). Gill, in reply, cited Hreton v. Mockett (L.R. 9 Ch. Div. 95), distinguishing Cockayne v. Harrison (sup.) Bundey, J.--Under the construction of the will the widow is entitled to a beneficial estate or interest during widowhood in the real estate, and also as to such part of the personal estate as is not of a consumable nature, and as to such as is of a consumable nature she takes absolutely. Costs of all parties as between solicitor and client out of the estate. In the Supreme Court.--In Banco. POHLNER v. POHLNER. Local Courts Act 1886, section 104--Intercolonial Debts Act 1887, section 4. Section 104 of the Local Courts Act 1886 requires the permission of a Special Magistrate before a summons can be issued against a defendant without the province of South A...