Angus v Angus [1917] HCA 62; (1917) 24 CLR 9 (29 November 1917)

HIGH COURT OF AUSTRALIA

Angus and Others Defendants, Appellants; and Angus and Another Defendant and Plaintiff, Respondents.

H C of A

On appeal from the Supreme Court of New South Wales.

29 November 1917

Isaacs, Gavan Duffy and Rich JJ.

R. K. Manning, for the appellants.

Clive Teece and Bonney, for the respondent Frances de Vernet Angus, were not called upon.

The judgment of the Court, which was delivered by Isaacs J., was as follows:—

Isaacs, Gavan Duffy and Rich JJ.

This case involves no considerations of a technical nature, and the only rule of law applicable is that it is the duty of the Court to read the whole will in order to determine the meaning of a contested portion of it. So reading it, we are of opinion that the view taken by Harvey J. is correct. The appeal will therefore be dismissed.

Appeal dismissed with costs.

Solicitors for the appellants, Villeneuve-Smith & Dawes.

Solicitors for the respondent, Perkins, Stevenson & Co.