13 VLR 849CAMERON v. READ Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ. September 27, 1887. November 2, 03 November 1887Will — Construction — Wills Statute 1864, s. 31 — Gift to class — When ascertainable — Lapse — Costs.
A testator devised certain lands to his sons for life, remainder to their children attaining twenty-one, and devised and bequeathed the residue of his real and personal estate to his executors, "in trust for my said wife and my daughters in equal shares per capita," and directed that "the shares of such of my said daughters and grandchildren entitled to a share of my estate as shall at my death have attained the age of twenty-one years, or as to my daughters be then married, shall be transferred to them respectively as soon as convenient after my decease; but that the shares of such of my said daughters and of my grandchildren contingently entitled to a share of my estate as shall at my decease be minors, and, as to my daughters, unmarried, be transferred to them on their respectively attaining the age of twenty-one years, or as on my daughters marrying, which shall first happen."