Barby v Perpetual Trustee Co Ltd
[1937] HCA 64(Judgment by: Starke J)
Barby
vPerpetual Trustee Co Ltd
Judges:
Latham CJ
Rich J
Starke JDixon J
Evatt J
Case References:
-
Judgment date: 25 November 1937
Judgment by:
Starke J
I agree. This gift is charitable because it is for the benefit of a class of persons selected from the public, namely, returned soldiers, their widows and descendants, and though it is restricted in some respects by their "necessity" and in other respects by the place in which they were born and so forth, that does not at all affect the main proposition that it is for the benefit of a class of persons selected from the public ( Shaw v. Halifax Corporation [ [9] ]). The other question is whether the testatrix has directed this trust to be executed in a particular manner and in accordance with a scheme which she has outlined. Looking at the words of the will, it is clear, I think, that the dominant and paramount intention of the gift is to benefit returned soldiers, their widows and children, and the words dealing with the manner of carrying out the scheme indicate a method whereby her object could best be effected, but it is not the dominant or paramount intention of the gift. I think the learned judge was quite right.