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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Wilson (1835) NSW Sel Cas (Dowling) 976; [1835] NSWSupC 68

infancy - trusts

Supreme Court of New South Wales

Hearing, 15 September 1835

Source: Dowling, Select Cases, Vol. 7, Archives Office of New South Wales, 2/3465

[p.56]

[1835

Tuesday

15th Sept]

[Where land was devised to a female infant, in trust till she attained majority, & having married under age, the court on petition ordered the Trustees to sell the land and reinvest the proceeds in other land, it being for the benefit of the infant until she attained 21.]

 

In re Wilson and Wife.

 

The father of Wilson's wife devised certain premises in Sydney to trustees in trust, for her until she had attained 21.  She married under age, and it being for the benefit of the infant that the Trustees should have power under the directions and with the approbation of the Court to sell the property & reinvest the proceeds in realty to the user of the father's will.

Carter now moved on petition, that the trustees be ordered to sell the estate and re-invest the proceeds in land for the benefit of the infant until she should attain 21, & that the trustees be empowered to execute conveyances & complete the sale of the devised premises.  The property being small, he contended that this might be done on petition, & he cited Ashburton vAshburton (6 Ves 6).

Per Curiam.  Take the order on in the prayer of the Petition.

Published by the Division of Law, Macquarie University