A WILL CASE

Evening Post, Volume LXXXVII, Issue 77, 1 April 1914, Page 8

A WILL CASE

appeal against stamp duty assessment; Judgment has been delivered by his Honour the Chief Justice (Sir Robert Stout) in the case Arthur Cyril Randerson and others versus the Commissioner of Taxes, an appeal made in regard to th4assessment of stamp duty. The ap-^ peal was based on the interpretation of a. will that had not been framed by an expert lawyer. Mrs. Harriett Randcrson, mother of the appellants, died on. 12th September, 1913, bequeathing all her real and personal estate to her husband and appointing him sole executor and trustee. If he predeceased her, however, she gave the whole of her eetate to her children, Alice Winifred Randerson and the two appellants, and appointed the two latter her executors and tiusteui The will made it appear that in the case of her husband the bequest Was upon trust to .convert the estate into money when he saw fit, and to invest the proceeds — after paying funeral and testamentary expenses of testatrix — in real securities, and to apply the income for Ins use and benefit dm ling his lifetime, or, in tho case of her .children, the bequest was upon trust to convert the estate into money when they saw fit, and to divide the total sum equally between them. On 13th' December, 1913. the husband died and probate of his will was granted to the appellants, and the final balance of the real and personal estate of their mother was certified under the Death Duties Act at £2991 5s lOd. The death duties were assessed by the Commissioner at £134 12s 2d, consisting of £74 15s 8d estate duties and £si) 16s 6d succession duty. Against this aesessmelit an appeal was made, and at appellants' request a case was stated for the Court by the Commissioner. ITis Honour held that where an absolute gift was cut down to a life estate, the words must bo clear, in the present instance the words relied ojl were that Randerson was to convert the property into money, invest the money, and apply the income to himself. There wasnothing to show what was to happen after his death. The appeal was dismissed, with £5 Ss costs. At the hearing Mr. H..F. yon Haast appeared for the appellant and Mr. J. W. Salmond. Solicitor-General, for the Commissioner of Stamps.